This policy implementation arrogance must end
Wikipedia.org defines democracy as a system whereby all the citizens of a nation determine the laws or actions of the state – with all citizens having an equal opportunity to express their consent and their will. It is nigh impossible to implement such a
Muzzling the press – and whistleblowers
Top of the list of unconstitutional policy is the much debated Protection of State Information Bill. Touted by its opponents as the “Secrecy Bill”, the legislation introduces stiff sentences for citizens (most likely journalists and whistleblowers) that are caught in possession of “protected” documents. Aside from the power to classify documents as “secret” the Bill also allows ministers to confer the classification, reclassification and declassification provisions of the Bill to any organ of State! Despite numerous challenges by opposition parties and public interest organisations the ruling African National Congress (ANC) is hell bent on making this Bill law. In fact they’re so keen on the legislation that they delayed public interest hearings on its provisions until after Parliament adopted it.
Reports from the public hearings held subsequently indicate that many of the citizens in attendance have no idea what the Bill entails. Instead of protesting about the lack of a “public interest defence”, for example, they have used the platform to tackle cabinet ministers on poor service delivery and similar issues. There have also been widespread objections from organisations opposing the Bill that the ruling party has hi-jacked the public hearings, either by cutting short those opposed to the Bill or simply turning the meetings into pro-party rallies. Even so, the number of individuals and organisations voicing their disapproval of the Bill (in its current form) has grown from strength to strength.
A healthcare solution too far
The second bit of policy arrogance centres on the pending National Health Insurance (NHI) system. South Africa’s healthcare track record is appalling because of gross mismanagement and misappropriation rather than a lack of funds. And there is no doubt that if properly managed the existing healthcare infrastructure would come close to offering the universal healthcare coverage government believes only an NHI can bring. Thus far criticisms of the NHI have been swept under the table and those raising concerns labelled as anti-reformation and anti-transformation. Yet there are valid concerns.
An NHI cannot work in 2012 South Africa for the following reasons. First – the existing infrastructure is in a state of disrepair. Second – the management at the various hospitals and clinics are woefully incapable of administering the institutions they are entrusted with. Third – there are simply not enough nurses and doctors available to implement the plan, in even its most basic form. You cannot manufacture doctors and nurses, as the latest health reform “Green Paper” suggests. We’ve heard reports of an Eastern Cape facility servicing 150,000 people with only two junior doctors on call. And such stories are not isolated!
We get the feeling the Department of Health will push ahead with the NHI regardless of these real and insurmountable challenges. But instead of arrogantly pushing ahead with an unworkable plan they should ask: Do we want a system that adds layers of administrative expense to the healthcare budget – or should we rather implement simple step changes to improve the existing healthcare delivery? Ordinary citizens know the answer all too well… We understand the difference between what we desire and what we can afford!
The toll roads nobody wanted
A third example of failing to consult the public is the South African National Roads Agency (Sanral) Gauteng Freeway Improvement Project. Over the past few years Gauteng drivers have been subject to an “on again / off again” tolling proposal. There are so many objections to this form of revenue generation that we were surprised the tolling finance model was approved to begin with. Top of the objection list is the massive cost of administering the system – money is diverted from road infrastructure to paying salaries and offshore corporate profits instead. A toll road is, without argument, an inefficient means of collecting tax.
Our fourth and final unpopular policy is the Road Traffic Management Corporation (RTMC) Administrative Adjudication of Road Traffic Offences (Aarto) Act. Tipped to “go live” from 1 April 2012 the system remains a total shambles. And it shares a fatal flaw with the toll road system, in that 60% of addresses stored on eNaTis (the register for all vehicles, driving licences, contraventions and accident data) are incorrect. How can you base a revenue collection or demerit system on postal communications when your address database is so inaccurate? Sanral will struggle to collect the revenues from its tolling system, while Aarto will be unable to inform drivers of demerits on their licenses.
A comprehensive assessment of Aarto pilot projects in the Tshwane and Johannesburg metropolitan municipalities revealed many other flaws. Relying on this system to run effectively will be a bit like expecting a skyscraper built on sand to remain upright! But instead of standing back and admitting the policy is based on flawed principles and inflated opinions (in terms of ability to deliver), the RTMC wants to push ahead.
The knock-on effect of ill-though legislation
In many cases the consequences of these policies hasn’t been thought through. If Aarto goes ahead, companies will have to dedicate massive resources to monitor the status of their drivers. And what will happen, for example, if a driver at a logistics company loses his license for accumulating too many demerits? An employer cannot be expected to pay salaries and benefits while the driver sits out a six month license suspension. South Africa’s labour laws simply don’t allow for this... It is no wonder that the initial report into the system recommends an “in-depth user acceptance test” to confirm whether it is functioning correctly, as well as to determine further shortcomings!
Will this test take place? Not likely. Instead we’re due another rush implementation of a flawed administration system. The City of Cape Town has headed to the Western Cape High Court to halt the system implementation in their region. But an arrogant RTMC says they will not be “held ransom by an individual traffic authority” and will “go ahead with the implementation.” Government extends the same arrogance to its citizens. Our leaders say they will not be held to ransom and will go ahead with the Secrecy Bill, National Health Insurance and toll roads too.
Editor’s thoughts: The trouble with democracy is that for every sixty people “for” a particular idea or bill there might be 40 people against it… And the majority view on an issue is not always correct! South Africa is fortunate in that the Constitution becomes the final arbitrator when a clear majority fails to emerge. Should government shelve the Secrecy Bill based on the threat of a future Constitutional Court challenge? Please add your comment below, or send it to [email protected]
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