Support the work of the FW de Klerk Foundation
For more information regarding donations contact info@fwdeklerk.org or scan the QR code below
LOCAL GOVERNMENT RESET MUST BRING THE CONSTITUTION HOME
Issued by Ismail Joosub on behalf of the FW de Klerk Foundation on 07/05/2026
The FW de Klerk Foundation notes the publication of the Reviewed Draft White Paper on Local Government on 7 May 2026 and welcomes its central premise: South Africa’s municipal crisis cannot be solved by repairing isolated failures alone. It requires a constitutional reset of the local government system itself.
The White Paper rightly recognises that local government is where the Constitution is most immediately tested. A collapsed water system, an unfixed road, a dysfunctional council or a politicised administration is not only a service delivery problem. It is a failure to give practical meaning to the constitutional promise of accountable government, dignity and responsive public administration.
Its proposals move in that direction. The draft seeks to replace a rigid “one-size-fits-all” model with differentiated powers and functions that reflect the real capacity, conditions and performance of municipalities. Its long-term preference for a single-tier local government system is significant, but must be carefully debated. The constitutional question is not simply which structure looks neater on paper, but which structure best serves communities while respecting municipal autonomy, democratic accountability and the principle that resources must follow responsibilities.
The Foundation also welcomes the White Paper’s emphasis on professional, depoliticised administrations. Municipalities cannot function where appointments are captured by patronage, where councillors interfere unlawfully in administration, or where consequence management is weak. The proposed integrity measures, including stronger anti-corruption safeguards, lifestyle audits and clearer coalition rules, speak directly to the need for clean, stable and competent local government.
This is in harmony with section 152 of the Constitution, which requires municipalities to provide democratic and accountable government, ensure sustainable services, promote social and economic development, promote a safe and healthy environment and encourage community involvement. It also advances section 153, which requires municipal planning and budgeting to prioritise basic needs, and section 195, which demands ethical, efficient, transparent and accountable public administration.
At the FW de Klerk Foundation’s recent Annual Conference on Local Government Elections, Minister Velenkosini Hlabisa stated that “local government remains the foundation on which the state’s functioning depends” and that “if every municipality works, South Africa will work.” The White Paper gives policy expression to that warning.
Christo van der Rheede, Executive Director of the FW de Klerk Foundation, said: “The Constitution must not live only in courts, Parliament or policy documents. It must live in every municipality, in clean water, lawful councils, credible budgets and communities that are treated as partners rather than spectators.”
The Foundation cautions that reform must strengthen, not dilute, local democracy. Sections 151, 154, 155 and 156 require municipal autonomy, cooperative governance, lawful support and carefully defined powers. Reform must therefore be constitutional in both purpose and method.
Ismail Joosub, Manager of Constitutional Advancement at the FW de Klerk Foundation, said: “The success of this White Paper will depend on whether it turns municipal government from a site of public frustration into a site of constitutional renewal.”
The Foundation encourages full public participation before the 28 May 2026 deadline.
SUBMISSION DRAFT GENERAL PUBLIC PROCUREMENT REGULATIONS, 2026
The FW de Klerk Foundation’s submission on Draft General Public Procurement Regulations, 2026
SUBMISSION ON DRAFT TOWNSHIP & RURAL ECONOMY DEVELOPMENT & REVITALISATION POLICY
The FW de Klerk Foundation’s submission on Draft Township & Rural Economy Development & Revitalisation Policy

PUBLIC LAND IS A CONSTITUTIONAL INSTRUMENT, NOT A BALANCE-SHEET ENTRY
The Constitutional Court’s Tafelberg judgment confirms that well-located public land cannot be treated merely as a commercial asset when it can help reverse apartheid’s spatial legacy. Where affordable housing is built matters, because access to employment, transport, education and essential services forms part of meaningful access to adequate housing. Municipalities and provinces must therefore manage and dispose of public land transparently, with genuine public participation and proper regard for its constitutional value.