THE CITIZEN: Voice of the people

South Africa has again been gripped by images of violence, anger and looting in the wake of a decision by Cooperative Governance and Traditional Affairs Minister Richard Baloyi and the Municipal Demarcation Board to merge two municipalities near Sasolburg in the Free State.

Unfortunately, these images are nothing new and neither are the decisions which ignite them.  Violence erupted in towns like Khutsong and Moutse when similar decisions were made to move those municipalities between provinces.

The common complaint between both communities was a lack of consultation by political leaders regarding drastic changes to local government.

It is easy to criticise local residents for turning to violence over something which seems so administrative, but it is far more than that.

Local government is extremely close to the people.

Local councillors are members of the public and live, or have lived, among them. Daily stories about corruption, a lack of  services and the difficulties in overcoming systemic poverty have left people sullen and frustrated,  as if they are pawns to be traded between provinces and municipalities without due regard. 

This is why public consultation in such decisions is so important. Living in poverty is bad but being ignored is worse. It is not enough to only be heard once every five years. Our democracy demands more.

Unfortunately, we have seen the results of being ignored.

Not just in Sasolburg, but in Khutsong and Moutse as well. Those communities tried to find an alternative voice and brought their disputes to the Constitutional Court. Both cases dealt with the public’s right to be consulted in the legislative process that relocates entire communities from one province to another. While the court did not necessarily agree with them, they listened. They did engage, albeit through their lawyers. 

The government often makes the argument that courts have no place in dictating policy to the state.  The separation of powers is an important  principle that must be respected and, more often than they are given credit for, courts agree.

It is a principle of our democratic regime that courts will only interfere in government decisions when they are  unlawful. Unfortunately, whether correctly or not, government  has taken this as a signal to water down what it means to consult the public.

A meeting at a local beer hall regarding a decision that was taken hundreds of kilometres away in a government head office is insufficient.  Now the people are demanding more. They are demanding to be heard. 

When such views are neglected or ignored violence may break out. This is not because poor people are inherently violent, but because some still feel they have no voice.

We don’t know yet what the outcome will be in Sasolburg. What we do know is that shops have been looted, foreign nationals again targeted and families are grieving over members killed in the violence. 

The minister has announced that the merger of the municipalities will be halted for further investigation. Had proper consultation  of the residents’ views been taken from the beginning, we would not be in the position we are today.

We can only hope that government  will finally get the message that the people’s opinions matter and they must –  and will –  be heard. 

• David Cote works for  Lawyers for Human Rights, which represented the Moutse and Khutsong communities at the Constitutional Court.