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Chapter 3 - DEMOCRACY, GOVERNMENT & PUBLIC PARTICIPATION

PUBLIC PARTICIPATION

The role of the citizen in a democracy is very different from other forms of government. In a democracy, citizens vote for their leaders and representatives. The government is there for the people and it must act on the will of the people. Citizens have a right (and a duty) to have a say in the way in which the government should work. Citizens also pay taxes and have a right to know how this money is being spent. If people don't participate, the government can make decisions without hearing the opinions of the people and they don't have to be transparent or accountable for their actions. This encourages a general abuse of powers. The Constitution says all spheres of government (national, provincial and local) have to make it easy for people to participate in government.

So, public participation is an important part of democracy because it makes the government -

• open and accountable for its actions
• act on its promises (usually made in elections)
• act within the law and within the Constitution in particular.

If you want to participate effectively you need to be properly informed. Being informed means -

• knowing what is happening in your community and what the important issues are
• knowing what is happening in your broader society
• knowing what your legal rights are.

How can you participate?

Here is a list of ways that you can participate in civil society:

• Vote in elections
• Participate in party politics
• hold public demonstrations
• Petition local or national leaders
• Lobby decision-makers and participate in decision-making processes for example, in parliamentary committees.
• Make written or verbal submissions to committees
• Print and distribute leaflets
• Use local radio and TV stations to cover relevant issues. Ask to speak on chat shows
• Refer complaints to appropriate human rights commissions, such as the South African Human Rights Commission, the Public Protector and the Independent Directorate of Complaints (for police issues).
• Use ward committees at local government level to make local councillors accountable.

Voting in elections and lobbying are two of the most important ways of participating in decision-making processes.

Voting in elections

The Constitution gives everyone who is 18 years or older the right to vote – in secret - in elections. The Electoral Amendment Act (No 34 of 2003) says a person who is 16 years old can apply to register as a voter, but if the application is successful, their name can only be placed on the voter’s role once he or she reaches the age of 18 years.

Special votes for people temporarily living outside the country

If a person is living overseas at the time of the election they can vote in the national and provincial elections in South Africa if they give the presiding election officer in the area that they want to vote in the following information and documents:

- His or her identity document
- An affidavit with the following:

• Full name, identity number and date of birth
• A finger print
• A declaration that he or she applied for registration as a voter before the date of the publication by the President of the election
• A request that his or her name should be included in the certified segment of the voter’s roll for that voting district for the purposes of national and provincial elections
• A declaration that he or she is a South African citizen, is 18 years old (or older), and is not disqualified from voting in the election

- Proof that he or she applied for registration as a voter before the date of the publication of the date of the election.

The election officer should then endorse the statement which will allow the person to vote.

Prisoners

A person who is in prison on election day can vote only if he or she is in prison and does not have the option to pay a fine.

Lobbying

Lobbying means persuading individuals or groups with decision-making powers, such as people who make policy or laws, to support a position you believe is right or to take certain action. Organisations and individuals can lobby to directly influence decisions being made in all spheres of government.

Who can you lobby?

In the work you and your organisation do it is important to identify people whose co-operation or influence you need to help you with your work. These are usually decision-makers or key role-players. So, you lobby people who have the power to take action to support the needs and interests of those who do not have direct power and influence. Lobbying can be used to influence anyone with power, for example:

• Parents can lobby the school governing body to provide after care at school
• Civics can lobby the police commissioner to have more police on duty at night
• HIV and AIDS activists and support organisations can lobby the President to provide affordable treatment for people who are HIV positive
• Civics can lobby local councillors to pass a by-law that says everyone should be given access to electricity
• Organisations can lobby members of parliamentary standing committees, cabinet ministers and heads of government departments to influence them in policy and law-making

The two main categories of decision-makers and role-players that you can target for lobbying are people who support your cause and people who oppose you.

Building good relationships with decision-makers and key role-players

One of the most important parts of lobbying is building relationships with people that you are planning to lobby, in other words, decision-makers and key role-players. The stronger the ties of trust, mutual support and credibility between you and the person you are lobbying, the more effective your lobbying action will be.

These are some guidelines to building good relationships with key role-players -

• Provide accurate and truthful information
• Recognise what the person you are lobbying has done to benefit the community by telling other people about their role and contribution or opposition if any
• Offer to help with issues that they care about (so long as it doesn't conflict with your own interests)
• Find out how you can help them (it helps to show that they need you as much as you need them)
• Keep them informed about any changes or developments that may affect the issue
• Keep in regular contact and don't be impatient if nothing happens immediately

Types of lobbying

There are different kinds of lobbying:

• Inside lobbying
• Outside lobbying

Inside lobbying

Inside lobbying includes a mix of the following:

• Holding meetings with decision-makers, such as local council representatives and members of parliament for your area
• Providing information to role-players, committees and government officials
• Making submissions to committee meetings/public hearings
• Attending hearings where policy is discussed
• Negotiating with decision-makers and other lobby groups
• Writing formal letters stating your position
• Submitting petitions to relevant committees
• Having discussions with people in informal situations, for example, before or after meetings, during social occasions

Outside lobbying

Outside lobbying includes activities away from the main decision-makers, for example:

• Speaking to the media, holding news conferences, visiting news editors, helping reporters with stories
• Building alliances with other organisations
• Public letter-writing campaigns
• Public campaigns such as rallies and demonstrations

It is important that the different lobbying activities around an issue are co-ordinated to make sure they have the greatest impact.

Methods of lobbying

This is a summary of methods you can use for lobbying:

Write letters

Letters are the easiest method to use to lobby but they are not always the most effective. Many people in positions of power have administrative staff who read their mail and summarise it for them. Make letters as personal as possible and try not to have other organisations and individuals all send exactly the same letter.

Call a meeting

Ask if you can have a face-to-face meeting to present your case. Visit the person in their office or invite them to attend a meeting in the community. Always state clearly why the meeting is important and give them an agenda and a list of possible outcomes from the meeting. Remember to say what is in it for the decision-maker, for example, "This meeting will provide you with the opportunity to make direct contact with more than 100 people from the community and to hear their concerns on the issue".

Ask for an on-site inspection

Invite decision-makers to come and make on-site inspections if appropriate. For example, get the person to come and look at the condition of a school. It sometimes helps to get publicity for inspections and you can then say in your invitation that you have also invited the press to witness the inspection.

Telephone calls

Get as many people as possible to telephone the decision-maker. Also use faxes and e-mail if possible. Try and get influential and well-known people to telephone. If you cannot speak to the decision-maker, you should leave a clear message, for example, We are phoning to object to the council closing the local health clinics.

Use the media

Use radio, newspapers and TV to tell your story. Publicity is a very powerful way of persuading someone to take certain action. It always helps to make individual contact with a reporter who is prepared to follow the issue through.

Petitions

Petitions can be used to show how much popular support your issue has. You can use a petition to get as many signatures as possible from people in the community or you can get a smaller number of key individuals or organisations to sign a petition in support of your submission.

Private meetings

Organise meetings with national and provincial ministers and their advisors and local councillors to explain your position.

Public meetings

Attend and observe parliamentary committee debates / local council meetings

Public hearings

When a bill is tabled in parliament, public hearings are often held where the public can make their submissions to the parliamentary committee dealing with the issue. This is a key moment to get the policy or law changed.

Informal talks

Talk informally to committee members and decision-makers during tea breaks, etc. Introduce yourself and share your opinions.

Use the legal system

Take a case to court or to one of the human rights commissions set up under the Constitution to investigate claims of human rights abuses.

Make submissions

You will usually make a submission to a powerful individual or a committee, such as a parliamentary or a local council committee. You can make a submission to draw attention to an issue or to try and influence the policy and law-making process.

See Making a written and verbal submission

Guidelines to lobbying

These are some practical tips on how to lobby decision-makers and/or key role-players -

Intervene early

It is usually better to intervene as early as possible in the process of developing policy and laws. By the time an issue is being debated in parliament it is hard to get it changed in any real way.

Research

When government publishes a policy paper or any form of discussion document, you should research the issue properly to be clear about

Identify decision-makers

Analyse who has the power to make decisions on your issue and target your lobbying at these people. Remember not everyone will agree with your position. Think how the role-player can benefit from agreeing with you and include this in your arguments.

There are different categories of target audiences:

• people who support your position
• people who neither support you nor oppose you and who can therefore be persuaded to support you
• people who are against you

Prepare for opposition

Analyse the opposition's position (to your issue) and develop counter-arguments. Your opposition may well be lobbying the same person.

Be clear about your agenda and goals

Only use lobbying for important issues that will improve life in the community and make very sure that your position is the right one before you start lobbying.

Be clear about your issue and plan your own alternative position. Make sure you have thought through all the options. Know what it is that you want. For example, do you want a parliamentary committee to investigate why a government department has not done a certain job, or are you asking for a law to be amended. This will form the basis of your submission to government, your media campaign, your representations to individual ministers or government officials and your net-working with other organisations. It is important to -

• Know your issue (don't confuse too many issues)
• Know your position
• Decide what you want to get out of the visit Ð for example, a commitment to vote for your issue, to provide information only
• Keep it simple
• If it is a group visit, decide who will start the discussion and put your agenda on the table.

Provide solutions

Give committee members or government officials a solution that can work. Avoid threats or aggressive language.

Listen well

Don't speak on behalf of people unless you have consulted them and involved them in developing your lobbying strategy.

• Try and pick up what the person's views are
• Look for opportunities to provide good information
• Ask questions
• If someone is going on look for opportunities to bring him/her back to the point

Be prepared but open

• Know your issue but don't feel you have to have all the answers
• Share opinions and concerns of other people in your community
• Admit that you don't know if this is correct and offer to find out more information

Never use blackmail

Using blackmail, gifts or bribery to persuade someone to take certain action is corruption, not lobbying.

Don't be aggressive

• Don't be argumentative or confrontational.
• Don't get involved in mud-slinging
• Be open to counter-arguments, but don't get stuck on them
• Attack with facts, not rhetoric
• Avoid personal attacks
• Treat everyone with respect

Build, don’t break a relationship

• If the person has supported you in the past then acknowledge them and your appreciation of their support.
• If they haven't supported you in the past, they may well do so in the future so don't turn them into a permanent enemy. Your visit might stop them becoming active opponents.

Get commitment support

• Try and get a commitment from the person, for example, a written declaration or a public statement
• If you can't get a commitment and the conversation isn't going anywhere, thank the person and tell them you are disappointed, but would like to continue the discussion at another time
• Don't stay too long

Follow-up

After the visit send a thank-you note. If commitments were made in the meeting, repeat your understanding of them. If staff members were present, write to them too.

Lobby all target groups

Don't necessarily lobby only one person regarding an issue. Identify the target role-players Ð supporters, allies, opponents Ð and include all of them in your lobbying action. You should also lobby all political groups, not just the majority party.

Build a lobby group

Analyse which individuals and organisations can influence the decision-makers and/or role-players and try to mobilise them to support your issue. Never lobby alone. People with political power are usually more sensitive to lobbying action which represents their voters.

Hold briefing sessions with all role-players

Keep other stakeholders informed about what is happening and the outcome of any lobbying action.