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Empowering communities: how public participation can revitalize South Africa's local governance landscape

Empowering communities: how public participation can revitalize South Africa's local governance landscape
Nadia Gava
By Nadia Gava
21 Jan 2025
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Choosing those who will represent us through regular elections is the foundation for any democratic dispensation, however, that is only the beginning of giving effect to the will of the people. Giving effect to the will of the people is only possible if one hears, considers, and comprehends the will of the people, and then engages in good faith with the people.

A legitimate government is one that is recognised as having the right to exercise authority and make decisions on behalf of its citizens. Ultimately, legitimacy represents the degree to which the citizens accept, support, and believe in the rightfulness of their government, which is crucial for the stability and effectiveness of government. Naturally, citizens will be more compelled to comply with laws, policies and decisions of a government they deem legitimate. Public participation in governance is crucial for the legitimacy of government.

Legislating participation


In terms of Section 152(1)(e) of our Constitution, one of the objectives of local government is to “encourage the involvement of communities and community organisations in the matters of local government”. This ideal is given life through our Municipal Systems Act (“the act”), which includes an entire chapter on community participation requiring municipalities to develop a culture of participatory governance, and sets out the framework for such public inclusion. 

The act gives effect to a provision in the preamble of our Constitution which speaks to the essence of our democracy: “(Laying) the foundations for a democratic and open society in which government is based on the will of the people.” Choosing those who will represent us through regular elections is the foundation for any democratic dispensation, however, that is only the beginning of giving effect to the will of the people. Giving effect to the will of the people is only possible if one hears, considers, and comprehends the will of the people, and then engages in good faith with the people.    

What does the act mean when it refers to community participation? And why is it important?

The act emphasises three elements of public participation. First, our municipalities must foster participation in the Integrated Development Plan process, the evaluation of its performance, the budget process and strategic decisions around service delivery. This is not fortuitous; it is giving effect to the legislature’s constitutional obligation to govern in good faith in consultation with the people.  

Second, our municipalities must enable participation through capacity building in the community. 

Third, funds must be allocated to achieve these purposes. 

The reality of participation


In practice, the majority of municipalities do not fulfil their constitutional obligations toward stakeholder engagement. At best, they undertake a box-ticking exercise.  This failure is indicative of a culture that has no regard for the painful transition of our country from a brutal dictatorship to a constitutional democracy. The drafters of our post-apartheid Constitution went to great lengths to ensure the entrenchment of a deep democracy for which legality is not sufficient. On its own, it is form without substance. To entrench a deep democracy, legitimacy is an essential ingredient. Legitimacy is earned through trust, and can only be achieved through community participation. 

Local government is the closest to the people. It is not what happens in Pretoria or Cape Town that earns trust and legitimacy for those who govern, it is what happens at a local level in each one of our municipalities. Hopefully the 2024 decision of the Supreme Court of Appeal in the Nelson Mandela Bay matter will be a strong incentive to local government politicians and civil servants to implement their legislative mandates professionally, with diligence and humility as servant leaders. In this watershed judgment, the court held that municipal officials can be held personally responsible for intentionally or negligently incurring unauthorised, irregular, fruitless and wasteful expenditure. However, this does not abrogate their responsibility to consult with the communities they serve. Indeed, it underscores the importance of meaningful engagement.

Why should we participate to begin with?


What are the benefits of community participation? It ensures accountability and transparency; reduces opportunities for corruption, and enhances participatory governance by implementing the will of the people. Receiving input from communities allows the government to make informed decisions and to safeguard the inclusion of communities in planning. These inputs are valuable, because communities understand their lived experiences and bring local knowledge to the discussion, which helps tailor policies and interventions to address needs and challenges that may not be apparent to government officials. 

The outcome is strengthened social cohesion and trust between local government structures and their constituents. Fostering a culture of participation enables the government to stimulate economic growth and development by including local entrepreneurs, farmers, businesses and other stakeholders in the planning of economic development strategies like the Integrated Development Plan. Such inclusion leads to more sustainable, locally driven economic growth and improved local investment.  




Community participation in policy development, decision-making and implementation at a local level where there are endless opportunities for direct interface between those who govern and their communities, will build social capital for local government, and in return will earn trust and legitimacy. 

The absence of legitimacy in politics and governance is one of many indicators of a failing state; the government loses authority and the right to exercise power, and citizens show scant respect for laws and regulations. 

Municipal failure and the potential of participation


Our municipalities face numerous challenges that have led to widespread failure in basic service delivery, effective resource management and overall efficient governance. Such failure is the result of a combination of financial mismanagement, political instability, corruption and systemic inefficiencies. Additional hurdles like poverty and rapid urbanisation contribute to these challenges. The unfortunate outcome is that many of our municipalities are stuck in a vicious cycle of failure and underdevelopment, affecting the lives of millions of South Africans – with the vulnerable always bearing the brunt of it. 

Incrementally and systematically repairing the many municipalities would give the assurance that local government leaders do care and that someone is in charge. The collective impact on the hearts and minds of our nation would be awe inspiring. Community participation through structured and, if necessary, facilitated engagement is one way in which great strides can be made in this respect.     

The role of public participation is fundamental to fostering improved socioeconomic outcomes in South Africa, and importantly, it’s what the people deserve. By ensuring that decisions are more inclusive, transparent, and responsive to local needs, public participation enhances the effectiveness of government policies and programmes. It leads to better service delivery, social cohesion, and economic growth, while simultaneously promoting sustainable development and democratic values. In the long term, these improvements contribute to a more equitable and prosperous society. 

Comprehensive reforms, increased transparency and accountability mechanisms are needed to address the issues our municipalities face, but these will take time. Adhering to the requirements of the act and creating a culture of true participation is an easy way for municipalities to give life to the values set out in our Constitution, and reap the benefits along the way. DM

Nadia Gava is a senior associate at Concentric Alliance (Pty) Ltd, a conflict resolution practice based in Johannesburg. She is an attorney, focusing on mediation, facilitation and stakeholder engagement primarily in the mining sector.

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