In a democratic government system such as that of South Africa, public participation plays an indispensable role. Public participation is a process and not a single event or activity.  It relates to any process of the municipality that directly engages the public (local communities and civil society) in decision-making and gives full consideration to public inputs in making decisions, for example. Meaningful public participation is oriented towards the special needs of older persons, children, women and people with disabilities, for example. Public participation is typically needed when a municipality develops or reviews its IDP, budget or by-laws.

Basis in law

The Constitution of the Republic of South Africa, 1996 determines in s 152(1)(e) that one of the objects of local government is to encourage the involvement of communities and community organisations in the matters of local government, including, for example, the development of the IDP, the adoption of the annual budget or the passing of municipal by-laws.

Additionally, the Local Government: Municipal Systems Act 32 of 2000 devotes the entire chapter 4 to public participation. This chapter outlines mechanisms, processes and procedures for community participation, including receiving, processing and considering petitions and complaints lodged by the community, holding public meetings and hearings, organising consultative sessions with locally recognised community organisations and, where appropriate, traditional leaders as well as providing regular report-backs to local communities.  Section 16 of the Act states that it is the responsibility of municipalities to develop a culture of municipal governance where participatory governance complements formal representative government. 

Chapter 4 of the Local Government: Municipal Systems Act 32 of 2000 is echoed in several pieces of legislation that govern local government and /or the sectors within the scope of authority of municipalities. These laws include, but are not limited to: the Local Government: Municipal Finance Management Act 56 of 2003, the Local Government: Municipal Property Rates Act 6 of 2004, the Spatial Planning and Land Use Management Act 16 of 2013, the National Environmental Management Act 107 of 1998, the National Environmental Management: Waste Act 58 of 2008 and the Water Services Act 108 of 1997.

Environmental application

The global environmental crisis affects everyone – also in every rural and urban location in South Africa. This suggests that there is a need for municipalities as local authorities to involve as many people and institutions as possible in devising ways and mechanisms to minimise environmental impact and harm, and to adjust to a life that has less an impact on natural resources such as water, land and air.

More than anything, the relevance of public participation is to ensure inclusive environmental decision-making at local government level. Environmentally sound decisions can only be taken if the community is consulted on their environmentally-relevant needs and when their comments are taken on board.  This is also one of the explicit environmental management principles articulated in s 2 (2) of the National Environmental Management Act 107 of 1998. It is stated in the Act that: "Environmental management must place people and their needs at the forefront of its concern, and serve their physical, psychological, developmental, cultural and social interests equitably". The Act further calls in its listed s 2 principles for the participation of all interested and affected parties in environmental governance and for opportunities to develop the understanding, skills and capacity necessary for achieving equitable and effective participation, and participation by vulnerable and disadvantaged persons. The Act states that decisions must take into account the interests, needs and values of all interested and affected parties in recognition of all forms of knowledge, including traditional and ordinary knowledge.

It follows that local environmental governance encompasses more than decision-making.  It is imperative that a municipality involve members of society in the development of its IDP, annual budget, SDBIP, relevant by-laws etc.