South African law perspectives on the promotion of public value in local government

Abstract

This study examines the extent to which South African local government law and policy instruments promote the so-called public value approach in local governance. To achieve this, this study reviews the theoretical framework that underpins public value. It uses doctrinal legal research to trace how the historical development of local government in South Africa influenced the present status of municipalities and public perceptions of the creation of public value. The study further uses the same method to delve into the present state of local government, particularly the dysfunction of municipalities, to reveal that the current situation facing local communities as a result of the collapse of local government does not accord with the constitutional, policy and statutory framework on local government, as these provide for the creation of public value by municipalities, albeit without expressly saying so. The analysis reveals that municipalities operate within a legal structure that establishes at least three principal local government instruments for the creation of public value, namely, Integrated Development Plans, annual municipal budgets and annual municipal reports. These instruments reinforce one another and can be used to create public value through accountable, transparent, responsive, trusted, and legitimate municipalities that provide quality, efficient, and effective service delivery. The study examines if and how the metropolitan municipalities in the Gauteng Province of South Africa, namely the City of Ekurhuleni, the City of Tshwane and the City of Johannesburg, use these three instruments to create public value to demonstrate that these three instruments may be leveraged to create public value; the case studies reveal that Integrated Development Plans, municipal annual budgets and annual municipal reports provide for all the tenets of public value as traditionally understood in related disciplines. The study finds that the collapse of local government in South Africa is an indication of the failure to infuse a public value approach in local governance. The thesis concludes by offering recommendations for improving public value in local government.