A capable, ethical and developmental state requires strong leadership and a capacitated, meritocratic public service, among other things. Narnia Bohler-Muller, a Divisional Executive in the Developmental, Capable and Ethical State research division at the Human Sciences Research Council, explains how to build a capable state and what the private sector can do to assist.
What is the definition of a capable state and which indicators are used to measure such capability?
The National Development Plan, a blueprint adopted in 2012 to deal with the identified deficiencies in state capacity and capabilities, defines a capable state as one that conducts its work efficiently and effectively towards the pursuit of socioeconomic justice. The core function of our state is to mobilise resources to meet developmental challenges and manage socioeconomic change. To achieve this, the state must be capable and ethical. Corruption and state capture have led to the hollowing out of the state, which interferes with its developmental agenda, service delivery prerogatives and investment opportunities. One of the areas that requires attention is the professionalisation of the public service. Merit-based appointments are needed and cadre deployment must be abandoned as a means of maintaining political control over the administration, which disrupts the effective and efficient delivery of services.
Which recommendations in the State Capture Commission’s report have been effectively addressed to date?
Progress has been made since the release of the state capture reports in 2022, although much still needs to be done. However, there have been movements towards compliance:
- The National Prosecuting Authority Amendment Bill, introduced to Parliament in August 2023, provides for the establishment of an independent Investigating Directorate against Corruption. In addition, initiatives have been undertaken to establish a professional public service and an independent Public Service Commission (PSC). The amendment Bills that promised reforms (the Public Administration Management Amendment Bill and Public Service Amendment Bill) lapsed at the time of the inauguration of the seventh administration and must be reintroduced.
- The Public Procurement Act 28 of 2024 was signed into law by the President on 23 July 2024. It entrenches constitutional requirements for a public procurement system that is fair, equitable, transparent, competitive and cost effective. In July 2023, the Department of Justice and Constitutional Development published a discussion document on proposed reforms for the whistle-blower protection regime in South Africa and invited public comments. New regulations in terms of the Auditing Profession Act 26 of 2005 authorise the Independent Regulatory Board for Auditors (IRBA) to impose fines for ‘improper conduct’ on errant auditors of up to R10 million and up to R25 million on auditing firms. Finally, the Judicial Matters Amendment Bill makes it an offence for a public or private entity, including state-owned enterprises (SOEs), to take ‘inadequate measures’ to prevent offers, of giving or receiving a ‘gratification’.
What can the private sector do to improve and strengthen state capacity?
Corporations have an important role to play in stabilising the state and supporting its developmental agenda. Private sector and professional associations can explore collaboration with the National School of Government (NSG) to develop a shared understanding of the benefits of professionalism and professionalisation, and to support the NSG’s training curriculum. Collective business initiatives such as Business Unity South Africa, Business for South Africa and Business Against Crime South Africa provide platforms to speak out, tackle pressing problems together, and work closely with the government and civil society to achieve positive outcomes.
It is worth reviving the National Economic Development and Labour Council where business, labour, the government and civil society can meet to tackle complex challenges with a shared vision of a prosperous South Africa. In addition, business can work with the government, and civil society especially, in the volatile infrastructure sector. An example is participation in the Infrastructure Built Anti-Corruption Forum coordinated by the Department of Public Works in partnership with the Special Investigating Unit. Another platform for collaboration is the Joint Initiative on Crime and Corruption launched by the President, where the government and business work together to prevent and combat these societal ills.
Which interventions could the government, private sector and civil society work on together to build a more capable state?
The Government of National Unity (GNU) cannot build a developmental, capable and ethical state on its own. There is a need for better synergies and cooperation between the public and private sectors alongside nonprofit and civil society organisations to drive a change agenda. The latter are in financial trouble due to the withdrawal of international funding agencies and a poor economic climate, so supporting their efforts could ensure that citizens remain active and informed. The diversity and fresh perspectives introduced by the GNU may open doors to better collaboration and shared values for the sake of stability and growth in South Africa.
NARNIA BOHLER-MULLER
- Divisional Executive: Developmental, Capable and Ethical State (DCES), Human Sciences Research Council
- nbohlermuller@hsrc.ac.za