Developing a public participation strategy

Once the form of engagement has been selected and tested against the definition to determine its appropriateness, the Framework suggests that a strategy must be developed to give effect to it.

The Framework identifies three strategies (1) communication; (2) ward committees and ward forums and (3) stakeholder forums.

The communication strategy highlights the suggestion that modes of participation (and the sharing of information between municipalities and the community) can be enhanced through the development and publishing of public participation principles and a Citizen’s Participation Charter, as well as by implementing a complaints management system and citizen satisfaction surveys. According to the Framework, publishing the principles of participation and educating citizens in respect of these principles is likely to assist the municipality in understanding that governance at a local level is done in partnership with the community meaning that the municipality is constrained in making decisions for the public good. These principles can be published in the Public Participation Charter - a document which outlines ‘the rights and duties of citizens as regards participating in their municipality’s governance.’⁴²⁶

426Ibid at 51.

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This Charter must provide an understanding of what community participation is, how it will be implemented, the ways in which complaints can be lodged and the contact details of relevant persons. The complaints mechanism should include time periods to ensure that there is an efficient response. In addition, the Framework suggests that the communication strategy include citizen satisfaction surveys that assess the performance of service provision and responsiveness of government employees. These can be used to check that the municipality is on track to fulfill the expectations of the community. This strategy, however, does not encourage 'consultation' or 'involvement' in the manner contemplated in the Framework.

To achieve this goal, the second strategy deals with structures in which persons can participate: namely, ward committees and ward forums. Ward Committees are comprised of the Ward Councillor and 10 other people representing the diversity in the ward. The function of the Ward Committee is to act as an independent advisory body. This function was refined in a ministerial note which described the primary function of the ward committees as being one of communication and mobilization including ‘attending to all matters that affect and benefit the community, acting in the best interest of the community service payment campaigns, the IDP process, the budgetary process, decisions about service provision, bylaws, and by delimiting and chairing zonal meetings.’⁴²⁷ As the ward committee is a representative body acting in the interests and for the benefit of the community, the municipality must not only provide structures within which the community can participate but must ‘explore ways of (i) empowering ward committees in respect of council processes, (ii) ensuring ward committees function effectively, and (iii) that the relationship with communities is inclusive, transparent and participatory.’⁴²⁸ That is, representative forums such as ward committees need to be actively involved in 'central municipal processes' in order for them to be effective and for the views of the community to be heard. The participation of the ward committees within municipal structures, however, must be real and not illusionary otherwise ‘participation’ of these committees within the council will be nothing more than examples of 'non-participation' described by Arnstein.⁴²⁹

427Ibid at 54.

428Ibid.

429Arnstein op cit note 162 at 36.

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In fulfilling this role, the Ward Committee members must be provided with administrative support and training, as well as a budget, to perform its functions.⁴³⁰However, in addition to an empowered ward committee, what is ultimately required in order to reach the partnership rung on the Arnstein ladder is the ‘deepening of the interaction between ward committees and the community to ensure that it is really the community that can take advantage of an empowered ward committee.’⁴³¹ This, the Framework suggests, can be achieved through internal restructuring within the ward committee by making certain committee members responsible for a portfolio or particular geographic area. This must be coupled with ward committees holding public meetings in which they report back on matters raised by community members and consult with the community in development planning. Development planning assists ward committees in prioritising community needs which can be reviewed on an on-going basis. In considering what these community needs may be, the third leg of the participation strategy requires recognition of the different groups within the community.

The Framework acknowledges two kinds of community groups:

‘The first group is formed with the specific goal of ensuring performance by a municipality in key performance areas. Such organisations include community based organisations and ratepayers associations and are referred to as service or municipal directed groups. The second set of interest groups comprise organisations that focus on a particular area of interest which may not be associated directly with municipal activities. Examples of such interest groups are Chambers of Commerce and informal trade associations.’⁴³²

Within the municipal process, the Framework provides that these stakeholders must register with the municipality so that they can be notified of and interact with the municipality on issues that interest them. This is an important distinction as the first group is one that is concerned more with process, rules and procedures (i.e. they are less concerned with the outcome of the process and more interested in ensuring that the municipality is acting within its powers). The latter group is more interested in pursuing a particular outcome which is in accordance with their mandate. For example, environmental groups may be more vigorously opposed to a greenfields development than in organisations representing business or labour.

430Framework op cit note 43 at 55.

431Ibid at 56.

432Ibid at 61.

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Engaging these stakeholders can take various forms. The Framework suggests that this should be done through stakeholder forums which are public engagement mechanisms (other than ward committees) developed for a particular purpose. The MSA obliges municipalities to develop IDP and local project implementation fora. While these fora have been developed with a specific purpose in mind, their mandate could be extended beyond this function to deal with issues of budget or performance management and thus deal with development in a more integrated way. As in the case of ward committees, these fora must be supported with the requisite resources - such as the developing and circulating of agenda, documents, records, providing training as well as logistical support - and must ensure that participation within these fora is effected in the manner contemplated.

Effectiveness within the Framework recognises that, in order for citizens to exercise a real form of participation, there not only needs to be a platform for participation but also that these citizens can take advantage of these processes. This requires the supply of resources such as administrative support, training and budget. These are components which form part of Principle 1: The Educative Effect and which will feed into the development of a public participation strategy.⁴³³ This strategy will need to be designed, taking into account the kind of participatory groups that will form part of the participatory process and the resources that they will require in order to participate effectively. In developing this strategy, the facilitator should rely on consistent terminology such as 'inform', 'consult' and 'involve' so that a consistent approach to participation can be developed and understood by the participants. This strategy must also include ongoing monitoring and be adjusted, if necessary, to meet the democratic participatory principles. Such strategies may be particularly useful within the scope of administrative proceedings.

3.7Conclusion

This chapter sought to highlight how the substantive principles were undermined during apartheid and to consider how these very same principles have been implemented and supplemented in the constitutional era. Viewed through this lens, the substantive principles were not merely inadequately applied during apartheid, they were non-existent.

433Principle 10: Public Participation Strategy.

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Since then, citizen participation has flourished in accordance with the substantive participatory principles identified in Chapter 2 in a variety of situations: voting, in the creation of legislation and in local government processes.

In addition, this form of participation endorses a citizen's sense of 'dignity and personhood' (Principle 4: The Principle of Dignity) and therefore IAP's must be included rather than excluded unless there is a legitimate government purpose for their exclusion (Principle 5:

The Principle of Inclusivity). In fact, IAP's must be sought out and identified so that the person conducting a public participation process can develop a strategy on how to engage with all IAP's (Principle 10: Public Participation Strategy) and, where necessary, adapt the selected modes of participation (Principle 9: The Principle of Flexibility) to ensure that all these IAP's are consulted.

While this may seem onerous on the person conducting the public participation process, it is tempered by Principle 6:Finality in Decision-making which allows the person conducting the public participation process to terminate the process or decrease the degree of participation where he or she is of the view that no value will be gained from further participation and Principle 7: The Deference Principle which provides that the person conducting the public participation process is not required to defer to the views of the IAP's in all instances; all that he or she is required to do is keep an open mind when considering those views.

The manner in which these principles have been applied and developed in the administrative law context is discussed in the next chapter.

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Chapter 4

Participation in terms of the Promotion of Administrative Justice