A human resource development approach for the effective implementation of Section 139 interventions: The case of the JB Marks Local Municipality

Abstract

According to the Auditor-General, the status quo for 2024, was that the North-West province is home to the worst governed and the greatest number of dysfunctional municipalities in the Republic of South Africa. Section 139 of the Constitution of the Republic of South Africa, 1996, makes provision for provincial governments to intervene in municipalities which do not fulfil its executive obligations. Premised on the aforementioned the main objective of the dissertation was the development of a Human Resource Development (HRD) approach to enhance the implementation of Section 139(1) (b) interventions in the JB Marks Local Municipality (JBMLM). This dissertation is underpinned by the Human Capital Theory, Contingency Theory and Systems Theory. The dissertation was qualitative in nature. Qualitative research is suitable to this study as an approach to gather data in a natural setting (the JBMLM), as well as to gain insight and understanding on the ineffectiveness of Section 139 interventions by establishing the experiences, views, perceptions and attitudes of the participants, as well as the potential enhancement of these interventions through a HRD approach. The descriptive research approach was used to factually and informatively describe Section 139 interventions, its nature and characteristics, as well as the purpose, characteristics and results of HRD. Moreover, in this study, explanatory research was used to explain the reasons for the ineffectiveness of Section 139(1)(b) interventions, the advantages of using an HRD approach, and the relationship between a HRD approach and the more effective implementation of Section 139(1)(b) of the Constitution 1996 interventions. This study used personal semi-structured interviews for the collection of primary data and extracted, analysed and communicated secondary data obtained from a literature review. The major findings of the study were that Section 139(1)(b) of the Constitution 1996 is implemented ineffectively, not only at the JBMLM but all over the local government sphere of the Republic of South Africa (RSA). Essentially, the experience of the JBMLM coincided with previous experiences recorded in the literature of municipalities under administration. The study recommends a thirteen-step process, when a municipality is placed under administration. The HRD approach encompasses the following: Step 1: Supervision; Step 2: Engage with the municipality; Step 3: Advise; Step 4: Monitor and supervise; Step 5: Evaluate and report back; Step 6: Determine executive obligations not fulfilled; Step 7: Stakeholder engagement; Step 8: Brainstorm ideas; Step 9: Invoke Section 139(1)(b) of the Constitution 1996; Step 10: HRD approach during the implementation of the intervention; Step 11: Execute the implementation plan; Step 12: Evaluate and provide feedback; Step 13: Monitor and supervise.