Meaningful Public Participation in Decision-Making Matters: Does South Africa Comply With this Directive of the African Charter?

8 Pages Posted: 13 May 2012

See all articles by Dane Ally

Dane Ally

Tshwane University of Technology

Date Written: May 11, 2012

Abstract

Public participation in decision-making matters is a relatively new development in sub-Saharan Africa. The African Charter entered into force during 1986, and South Africa acceded to it during 2006. One of the duties of the monitoring body of the African Charter – the African Commission – is to protect the fundamental rights guaranteed by the African Charter. To this end, the African Commission has interpreted the African Charter so as to determine whether violations of the rights guaranteed by it have occurred. When the African Commission was seized to interpret articles 16 (right to heath care) and 24 (right to development) of the African Charter, it explained that these rights place an obligation on member states to facilitate public participation in the decision-making process. However, it is submitted that article 13 of the African Charter pertinently deals with the issue of public participation. This provision states in plain terms that member states must allow the public to directly and effectively participate in the public affairs of government. Article 13 of the African Charter finds expression in several provisions of the Constitution of South Africa. The Constitutional Court of South Africa has had the opportunity to interpret those provisions. These decisions are explored in order to determine the meaning of the concept “meaningful public participation”. The author concludes that public participation cannot be meaningfully undertaken without access to information. It is further concluded that South Africa has observed the directives of the African Charter relating to public participation, but the author raises concern about recent developments in Parliament. Parliament allegedly introduced a policy of indirect “censure”, ostensibly designed to “discipline” journalists that refuse to disclose the sources of their information. Such a policy may thwart access to information, thus obstructing the purposes sought to be advanced by effective public participation in decision-making matters.

Keywords: accountability, decision-making, democratic, participation, public

Suggested Citation

Ally, Dane, Meaningful Public Participation in Decision-Making Matters: Does South Africa Comply With this Directive of the African Charter? (May 11, 2012). OIDA International Journal of Sustainable Development, Vol. 04, No. 04, pp. 19-26, 2012, Available at SSRN: https://ssrn.com/abstract=2056118

Dane Ally (Contact Author)

Tshwane University of Technology ( email )

Staatsartillerie Rd
Philip Nel Park
Pretoria, 0183
South Africa

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