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5 January 1995
A SUBMISSION to the CONSTITUTIONAL ASSEMBLY on the NATURE of the
PROVINCIAL SYSTEM and LOCAL GOVERNMENT (Theme Committee 111)
Thank you for your notice requesting submissions concerning the New
Constitution. We comment specifically on:
1.The issues around the development of Primary Local
Authorities in Rural Areas; and
2. Representation in the Rural District Council
System
The issue of access for farm workers to local government is critical
since:
* this is where resources are situated, allocated and distributed;
* political decisions are made and implemented here;
* the RDP needs democratic local government for rural development;
* at least three million farm workers and their families are resident on more
than 60 000 farms nationally. These citizens are not
always considered in rural
local government debates; and
* farm workers are not always resident within municipal boundaries - the
franchise at a local level is thus not always ensured for
millions of farm
dwellers.
The Centre For Rural Legal Studies is an independent policy formulation body
with extensive experience and contact with grassroots
organisations across the
political spectrum. We place ourselves between activist organisations and the
state. The Centre has been
central to advocating for the inclusion of farm
dwellers at a local government level. Our comments are based on extensive field
work. (See Appendices for details of presentations and research.)
Summary of Proposals
- Rural
Primary Local Authorities (RPLAS)
The lack of rural institutions
favourable to farm workers requires serious attention if local democracy is to
prove effective at articulating
farm worker needs and minimising
marginalisation.
The position of the farm dweller (and especially the farm
worker) is weakened by a general lack of rural civil society. Churches,
advice
offices, political parties, trade unions, rural networks, and civics are
scattered all over the platteland, but they suffer
from limited capacity and
skills. And very few organisations are active on farms ‑their operations
are generally confined
to the town.
The organisations which do exist on farms
are usually controlled by the farmer, are dependant on his/her goodwill and
tolerance, or
are geared towards the farmers needs. Institutions traditionally
associated with supporting white commercial farmers (eg. commercial
cooperatives, the South African Agricultural Union, Rural Foundation) are most
active in securing forms of representation at local
level.
For
Example: The Stellenbosch Farmers Association has been instrumental in
setting up rural local government negotiating forums. The farmers and
managers
make up the statutory component, whilst farm workers make up the non-statutory
component. It is obvious during fieldwork
that the interest of farm workers are
subsumed to the interests of farm owners.
For Example: The Robertson
Community Development Association (affiliated to the Rural Foundation) has
representation as part of the statutory component
in the Transitional Council.
Unfortunately, the vocalisation of farm workers interest is left to
farmers.
Alliances between farm workers and farmers in securing access to
local government is viable if it is linked to institutional and individual
development, especially for farm workers. The linking of RDP budgets to local
government means that without forms of interest representation,
farm dwellers
may find themselves marginal, this time to the reconstruction and development
process.
An affirmative move is Central State Support for
constituents who have been
denied access to political rights,
education and other forms of confidence
building in the
apartheid era. The Creation of a Farm Worker Office must
be
stipulated in the New Constitution
Summary of Recommendation on RPLAs:
While the establishment of
RPLAs is necessary for the formation of democratic local government, it must be
accompanied by serious
support mechanisms and programmes. Given that
institutional weakness is endemic in rural areas the phasing‑in of
suitable
home-grown structures which have minimal potential for conflict must be
part of the overall model for effective rural local government.
The development
of an affirmative action programme aimed specifically at farm workers is
important in this regard.
· Mixed Representation in the Rural District Council
(RDC)
There should be a phasing in from direct to indirect
representation. In the transitional period, direct representation occurs as
there are few rural structures. Once RPLAs have been established, they can
nominate representatives to the RDC. Therefore, in the
period leading up to
election in 1995, rural candidates can be nominated to the RDC. It will be the
role of support institutions
to assist with mobilisation.
Diagram One
illustrates the two forms of elected representation and the make-up of the
RDC:
1, One is the indirect method where the urban transitional local Council
as a body elects a number of representatives.
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2. The other is the direct method where individuals in the Rural Wards
elect representatives to the RDC.
Diagram Two illustrates the
composition of the Rural Primary Local Authority. What is important here is
representation, and the articulation
of needs. Without this, the RDP will not
reach farm dwellers, least of all those most in need of state assistance.
Within the rural
ward representatives are elected who will then take local
concerns to the Rural District Council.
Diagram Three suggests that
each rural ward agree on representatives. Once representatives have been
elected, they constitute the Rural Primary
Local Authority. In the 1995
elections direct representation to the RDC may be the best way forward until
rural institutions are
viable. With the introduction of the New Constitution
later, there should already have been progress with primary local authority
capacity.
We hope this submission makes some contribution to the
formulation of an inclusive and democratic New Constitution. Should you require
verbal or additional motivation, please do not hesitate to contact us at Tel.
(021) 883 8036, or Fax. (021) 886 5076.
For the Centre For Rural
Legal Studies,
Terence Fife (Researcher).
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