Embracing Federalism: A Panacea for South Africa's Flagging Municipalities

South Africa's journey toward self-reliance and local empowerment may well lie in the concept of federalism, a potential cure for the country’s languishing municipalities. In an era where avoiding failure has become the norm, it's essential to recognize that setbacks can be invaluable learning opportunities, particularly for South Africa's provinces and its many failing municipalities.

The argument advanced three decades ago during South Africa's political transition suggested that because certain areas were impoverished, they were incapable of effective governance and therefore warranted subsidization. The fallacy in this argument is the failure to recognize the potential for growth from ground zero. Succumbing to this notion, South Africa ended up with a heavily centralized state, notwithstanding an ostensibly federal constitution.

Years later, it has become increasingly apparent that centralization cannot be the path to prosperity. Given the chronic mismanagement of scarce taxpayer resources, it is crucial for provinces and municipalities to wean themselves off federal dependency. Although acutely challenging, this shift is essential for the health of South Africa's democracy, particularly at the municipal level. By manifesting the true spirit of federalism, communities will be embracing not just agency but, importantly, accountability.

Indeed, it's become far too convenient for local officials to shrug off responsibility by casting the onus onto the national government in Pretoria. This shifting of blame is neither impressive nor constructive. As an example, the Democratic Alliance (DA) often criticizes the central government's shortcomings to deflect from issues its governed municipalities need to address. This tactic is counterproductive and undermines the credibility of local governance.

Instead of pointing fingers, local governments should take action on pressing matters, regardless of whether the central government bears formal responsibility. A case in point: comparing the complaints about the failure of the South African Police Service to dispose of firearms confiscated in raids to the City of Cape Town's municipal officers proactively taking care of the matter illustrates the power of local initiative and responsibility.

The concern surrounding funding is inevitable but should not be an excuse for inactivity. When the Solidarity Movement aspired to establish a premier Afrikaans technical college, it raised R300 million to launch Sol-Tech independently. Similarly, before Eskom came into existence, mining companies initiated their own power utilities. Local governments ought to adopt this can-do philosophy, demonstrating resilience and innovation in the face of obstacles.

For municipalities that genuinely cannot afford large projects, like building new sports stadiums, resorting to petitional pleas is not the answer. Such communities must either mobilize their resources to construct what they can afford or defer projects until they have sufficient capacity—fostering a genuine sense of ownership and responsibility for any development.

Moreover, it's no accident that many municipalities are financially strapped. Years of corruption and mismanagement have driven away businesses. To reverse this trend, municipalities must regain the confidence of businesses by promoting entrepreneurship and demonstrating competence and professionalism. Mirroring the success stories of Singapore and Hong Kong, South African municipalities can foster local and international business growth through attractive policies and a reputation for efficacy.

When it comes to defining their responsibilities, municipalities should always look to the constitution first. Sections 152(1) and 151(4) of the constitution clearly delineate the obligations and rights of local governments, above any national or provincial legislation. Following these constitutional mandates should take precedence over any directives from ANC members in parliament. The constitution and local constituencies are the wellspring of municipal authority, rather than parliamentary or central executive bodies.

Adherence to national and provincial legislation—when congruent with constitutional precepts—is still necessary for municipalities. Provinces, while having less direct leverage in the constitution, can employ principles like subsidiarity to achieve much the same outcomes. Furthermore, doctrines such as the powers of a lesser magistrate, the right of interposition, and the right to nullify, could empower conscientious municipal and provincial governments to address local issues effectively.

In conclusion, federalism may equivalently impose hardships upon municipalities and provincial governments initially, but if communities uphold accountability standards, it will ultimately underpin a vibrant future.