WHY PUBLIC PARTICIPATION IS SO IMPORTANT
THE Copyright Amendment Bill and Performers Protection Amendment Bill has been referred back to Parliament.
After about two years of public hearings, deliberations from the committee members and so on, the president referred the bills back to Parliament due to his reservations about whether the bills would pass constitutional muster.
In his letter to the Speaker of the National Assembly (NA), June 16, he says the “relevant provisions as amended were not put out for public comment before the final version was published… and failure to consult… could render the provisions constitutionally invalid”.
When bills are introduced in Parliament, they must be tagged. Tagging set out the process to be followed in public hearings.
In my Master’s thesis (2016), I explored how stakeholder perspectives and perceptions impact the legislative process. I interviewed various stakeholders in policy and law-making and business about their views.
I concluded that the public must be involved in the law- and policy-making process. Those who participated must be informed of how his or her comment was considered and whether it was or why it was not included.
Applying this method and opening the process to the public will make the process more transparent and stakeholders could keep law- and policy-makers accountable. This would enhance social capital, the trust citizens have in the government.
Why is public participation so important? First, it allows Parliament, the legislatures and municipal councils to make better and more informed decisions on law and governing issues and be the voice of the people. Second, Parliament, the legislatures and municipal councils are mandated to conduct their affairs openly and involve the public in their business.
Public participation is one of the pillars of our democracy. Democracy must consist of four key elements. First, it must have a political system for choosing and replacing the government through free and fair elections. Second, there must be the active participation of the people as citizens in politics and civic life. Third, human rights must be protected, and fourth, the rule of law must apply.
Public participation, therefore, impacts the governance of a country.
In terms of the Mo Ibrahim Index for African Governance (IIAG) 2018 report, South Africa, ranked number seventh for overall governance. The IIAG assesses the performance of all 54 African countries in categories such as human rights, the rule of law, sustainable economic opportunities and human development.
In terms of human rights and participation, South Africa was at number four. However, in the first five months of 2018, 144 service delivery protests were recorded.
The success of democracy is dependent on citizens not only voting but also participating in policy, law-making and governing processes affecting their lives.
The legislatures should encourage the public to participate in their processes by establishing dedicated units to build these links and understanding with the public.
This enhances social capital, the trust citizens have in the government