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In the last few months South Africa seems to be making great strides with regards to accountability, and the strengthening of open, participatory democracy.
South Africa recognises three arms of the state – the executive, legislature and judiciary – each with equal and independent power which in turn strengthens checks and balances in the state. All three spheres are important and this cannot be overstated.
On November 23 Chief Justice Mogoeng Mogoeng presented the judiciary annual performance report and delivered an address on the state of the judiciary.
The judiciary outlined its role – how it uses its power and authority and how it is performing the tasks that the state endowed to this arm.
Historically the judiciary has been operated as if it were in unreachable towers that are never accessible to the public.
The chief justice took the time on his inaugural annual judiciary report to highlight range of issues; from challenges affecting court efficiency, performance, and many other challenges and how they can be resolved.
Not only did this accountability process find its expression at the Constitutional Court building but furthermore the justice system affirmed people, communities and the public as central players in a democratic state.
In another example in the same week of this people-centred theme, the North Gauteng High Court in Pretoria, ruled that consent must be given by communities living on ancestral land before government can give the go-ahead for mining rights.
Also President Cyril Ramaphosa recently signed a historical bill into law which empowers the Auditor-General South Africa to have more powers to act when recommendations and remedial actions are not addressed.
This will be achieved by Auditor-General referring to other institutions such as National Prosecuting Authority, the Public Protector and the Special Investigative Unit. The Auditor-General will also give remedial actions which are binding.
Lastly where nothing is done there will be certificate of failure.
It’s worth noting however, that it is very important to see a political will to act when government frameworks are stifled. With this, these powers will promote accountability and protect taxpayer’s money from mismanagement.
Accountability involves two distinct aspects: answerability and enforcement.
Answerability refers to the obligation of the government, its agencies and public officials to provide information about their decisions and actions and to justify them to the public and those institutions of accountability that have been tasked with an oversight duty.
The importance of accountability in governance is about evaluating the effectiveness of a public body or institution and their task is in making sure they do the work that they are meant to do, and that it is done effectively.
From where we come from, where state institutions were polarised, corruption was thriving and the general public losing faith in their institutions, these developments are a breath of fresh air.
There is an attitude that reflects a willingness to make public institutions trusted again.
The public confidence in institutions is one of the most important indicators of a healthy working democratic system.
• Yamkela Fanisi is a postgraduate student at the University of the Witwatersrand, studying public policy and development.
