A Critical Investigation of the Relevance and Potential of IDPs as a Local Governance Instrument for Pursuing Social Justice in South Africa

Unlike the situation in the past, when local government’s role was limited to service delivery, local government is now constitutionally mandated to play an expanded developmental role. As a "co-responsible" sphere of government, local government is obliged to contribute towards realising the transformative constitutional mandate aimed at social justice. South African scholars and jurists share the view that social justice is primarily concerned with the eradication of poverty and extreme inequalities in access to basic services, and aims to ensure that poor people command sufficient material resources to facilitate their equal participation in socio-political life. In order to enable municipalities to fulfil their broad constitutional mandate, the system of integrated development planning (IDPs) came into effect in South Africa in 2000. Each municipality is obliged to design, adopt and implement an integrated development plan in order to achieve its expanded constitutional mandate. The IDP is considered to be the chief legally prescribed governance instrument for South African municipalities. The purpose of this article is to explore and critically investigate the relevance and potential of IDPs in contributing towards the achievement of social justice in South Africa. This article argues inter alia that the multitude of sectors that converge in an IDP makes it directly relevant and gives it enormous potential to contribute towards social justice because, depending on the context, municipalities could include and implement strategies that specifically respond to diverse areas of human need. In this regard, the legal and policy frameworks for IDPs provide a structured scheme that could be used by municipalities to prioritise and meet the basic needs of especially the poor. Despite its potential, it is argued that the ability of IDPs to respond to the basic needs of the poor is largely constrained by a series of implementation challenges partly attributed to the underlying legal and policy framework.


Introduction
The Constitution of the Republic of South Africa, 1996 (hereafter the Constitution) is described as transformative because it is committed to correcting the injustices of the past and to establishing a society based on democratic values, social justice and human rights. 1 This commitment is expressed in the Preamble to the Constitution, which indicates that it was adopted: as the supreme law of the Republic so as to heal the divisions of the past and to establish a society based on democratic values, social justice and fundamental human rights; lay the foundations of a democratic and open society in which government is based on the will of the people and every citizen is equally protected by the law; improve the quality of life of all citizens and free the potential of each person.
The above constitutional commitment constitutes the basis of the vision of transformative constitutionalism which has been the subject of extensive academic discourse. 2 South African scholars and jurists commenting on the transformative  Oliver Njuh Fuo. LLB (Hons), University of Buea, Cameroon; LLM, NWU (Mafikeng Campus). Email: njuhfuo@gmail.com. At the time of writing the author was awaiting the results of his completed LLD thesis as a doctoral student of the NWU (Potchefstroom Campus). Although the core of this article constitutes part of his LLD research, it was written during a research visit to the Centre for International Development and Environmental Research (ZEU) at the Justus-Liebig University, Giessen. The author wishes to thank DAAD for sponsoring his research visit. Special thanks to Professors Francois Retief and Anél du Plessis for their inputs.
through economic growth and redistribution alone. 26 De Visser argues that if local government does not adopt redistributive strategies, it is unlikely that economic growth will positively impact on the most vulnerable segments of society. 27 By implementing measures that target the poor and specifically ensure that their basic needs are met, municipalities contribute towards pursuing the transformative constitutional mandate and social justice.
While there is consensus that all spheres of government and organs of state must contribute towards achieving the transformative objectives of the Constitution and the pursuit of social justice, 28 no academic attention has been given to the potential role of local government. Arguably, local government can contribute to the pursuit of social justice by using the governance instruments or tools available to them.
Governance instruments, after all, are the mechanisms through which governments pursue public purposes and defined objectives, allocate resources, and communicate to the public their understanding of the collective problems of society as well as their vision for the future. 29 In South Africa, policy, resolutions, by-laws and IDPs, inter alia, have been identified as local governance instruments. 30 However, integrated development planning is considered local government's leading governance instrument. 31 The Systems Act obliges every municipality to undertake "developmentally oriented planning" 32 in order to ensure that it: strives to achieve the constitutional objects of local government; gives effect to its developmental duties; and contributes, together with other organs of state, to the progressive realisation of the socio-economic rights contained in sections 24, 25, 26, 27 and 29 of the Constitution. 33  development planning is to provide a strategic planning framework which enables municipalities to effectively realise their expanded developmental mandate, including the socio-economic rights that fall under their area of competence. 34 In the context of the socio-economic rights entrenched in the Constitution, the obligation to engage in planning could be understood against the backdrop of the fact that sections 24(b), 25(5), 26(2), 27(2) and 29(1)(b) of the Constitution oblige government to "adopt legislative and other measures" to realise relevant socio-economic rights. In view of this obligation, it is suggested that IDPs constitute one of the instruments that could be used by municipalities to implement constitutional socio-economic rights 35 to the benefit of the poor.
The purpose of this article is to explore and critically investigate the relevance and potential of IDPs in contributing towards the pursuit of social justice in South Africa.
In other words, this article asks if IDPs and the applicable law and policy framework command municipalities to adopt and implement measures that could eradicate poverty and extreme inequalities in access to basic services. In order to answer this question the article is divided into four parts. The first part begins by tracing the background to integrated development planning in South Africa. This is followed by a discussion of the legal and policy framework in order to establish the potential of IDPs to contribute towards the pursuit of social justice. Against this backdrop, part three provides an overall assessment of the potential of IDPs to contribute towards the pursuit of social justice. This is followed by the conclusion.
It should be noted that despite the importance of the IDP as a leading legally prescribed governance instrument for South African municipalities, 36 published 34 See ss 7(2), 26(2) and 27(2) of the Constitution read jointly. See also ss 4(2)(j) and 23(1)(c) of the Systems Act; De Visser 2003 LDD 201-215. ON FUO PER / PELJ 2013 (16)5 227 / 614 academic material on this subject remains meagre. 37 The analysis in this article relies on the limited (published) academic material on the subject, the main legal framework for IDPs (chapter 5 of the Systems Act), the White Paper on Local Government (1998), the IDP Guide Packs 38 and the (Final Draft) Policy Paper on Integrated Development Planning (2000). 39 This analysis should be understood against the backdrop of the obligation imposed by the Constitution on all spheres of government to implement socio-economic rights in order to meet the basic needs of the poor.

Background to integrated development planning in South Africa
Although South Africa's local government integrated development planning may have its context-specific features, local government "strategic planning" has emerged internationally as one of the leading governance instruments for municipalities. 40 This notwithstanding, before 2012, planning and resource allocation across all spheres of government in democratic South Africa was guided by the so- September 2009, under the presidency of Jacob Zuma, the "initial ideas" on longterm government strategic planning were set out for public comment in the Green Paper on National Strategic Planning (2009), 43 which justified the need for a longterm national strategic plan and proposed the establishment of a National Planning Commission to design such a plan for the country. 44 It lamented the absence of a coherent long-term strategic plan for the country and stressed that this had negatively affected government's ability to realise its "developmental objectives and priorities". 45 It argued that the ideals enshrined in the Constitution (inclusive of social justice) "cannot be pursued in an ad hoc manner". 46 It further argued that the existence of a coordinated long-term national strategic plan would ensure that national government "priorities [were] given due attention in allocating resources and responsibilities in all spheres of government". 47 According to the Green Paper on National Strategic Planning (2009), national strategic planning is about clearly defining the objectives that South Africa sets for itself and assessing at the macrolevel where the country is in relation to those objectives. 48 A national strategic plan would also describe the policies, programmes, other options and trade-offs required to achieve national objectives and the specific interconnected roles that various institutions in government are meant to play in strategic planning. 49 In addition, it indicated that national strategic planning in South Africa also seeks to correct the spatial dislocations of the past. 50 The initial ideas and vision of national strategic planning that were outlined in the Green Paper on National Strategic Planning (2009)

Legal and policy framework for IDPs
This part critically examines the legal and policy frameworks on IDPs, illustrating the extent to which they have the potential to enable municipalities to contribute towards social justice in South Africa. In order to perform this task, this part of the article begins by discussing the constitutional and legislative basis for IDPs. This discussion is followed by a critical evaluation of how relevant generic features of the IDP could foster the pursuit of social justice by specifically enabling municipalities to respond to the basic needs of the poor.

Constitutional and legislative basis for IDPs
The IDP fits into the planning obligations imposed by the Constitution on local government. Section 153 of the Constitution obliges every municipality to structure and manage its planning processes in order to enable it to give priority to the basic needs of communities, promote socio-economic development within its jurisdiction, and participate in national and provincial development programmes. This provision demonstrates that the satisfaction of the basic needs is only one of the objectives that should guide municipal planning.
Although section 153 of the Constitution makes it clear that the obligation to satisfy the basic needs of communities appear as one of the main objectives of local government planning, it does not expressly link local government planning per se However, this lacuna is closed by section 23(1) of the Systems Act, which obliges every municipality to undertake "developmentally-oriented planning" so as to ensure that it meets the objects and developmental duties of local government and contributes, together with other organs of state, to the progressive realisation of constitutional socio-economic rights. 93 In addition, if one takes into consideration the expanded "developmental" mandate of local government, it is possible to argue that although section 153 of the Constitution does not directly link municipal "planning processes" to the realisation of socio-economic rights, this is implied. This argument is supported by the view that for municipalities to be "development-oriented" they must strive towards achieving their duties relating to both the constitutional objects of local government and the socio-economic rights of people who reside in the municipality. 94 This may explain why the phrasing of section 23 of the Systems Act conveys the idea that "developmentally-oriented planning" must strive to ensure that it gives effect to: the objects of local government; the developmental duties of local government; and contribute to the realisation of socio-economic rights. Secondly, local government planning could be implied in the socio-economic rights obligations imposed by the Constitution on all spheres of government to adopt reasonable "legislative and other measures" to progressively realise socio-economic rights. 95 The Constitutional Court has held that this obligation requires inter alia that government must adopt and implement a comprehensive and workable plan to give effect to socio-economic rights. 96 From this perspective it could also be argued that the strategic plan (IDP), which is the product of the planning process at the municipal level, is one of the It is mandatory for each municipal council to adopt a strategic plan (IDP) for the development of the municipality within a prescribed period shortly after the start of its elected term. 98 It is important to note that in addition to their consensus on the conventional process of local government strategic planning, 99 experts share the view that a blanket approach to strategic planning cannot be prescribed to all municipalities due to the diversity of local conditions. 100 Despite the experts' caution about prescribing a universal model of strategic planning to municipalities, the Systems Act prescribes in detail the process that must be followed by all municipalities in planning, drafting, adopting and reviewing IDPs. 101 The prescribed process includes: undertaking pre-planning activities (which include the consideration and adoption of a draft strategic plan and the specification of time frames for the various steps involved in the IDP process); 102 facilitating public involvement through appropriate mechanisms in the various steps of the IDP process in order to ascertain development needs and priorities; 103 and identifying all planning requirements binding on the municipality by virtue of national or provincial legislation. 104 The Systems Act further requires that each district municipality should plan and adopt an IDP framework for its area as a whole, in close consultation with local municipalities. 105 Local municipalities are obliged to align their IDPs with the district IDP framework. 106 In addition to the pre-planning and public participation required by section 29 (1)   objectives for its elected term; the council's development strategies; a spatial development framework which must include the provision of basic guidelines for a land-use management system for the municipality; applicable disaster management plans; a financial plan; key performance indicators and performance targets. 108 Once the IDP is adopted by a municipal council, it serves as an operational guideline to the legislative and executive "branches" of a municipality. 109 As a strategic plan, the IDP should thus serve as the blueprint for making legislative and executive decisions directed towards furthering the expanded developmental mandate of local government in any municipality. 110 As already indicated in the previous paragraph, although experts are wary about prescribing a blanket approach to local government strategic planning, the Systems Act prescribes a universal approach to be followed by all municipalities. The practical effect of this systematising is that it restricts the ability of municipalities to take individual initiative in strategic planning and may prejudice municipalities that have limited human and financial resources with which to comply with the numerous requirements of the Systems Act. 111 In addition to ensuring that the basic needs of the poor are prioritised in the goals and objectives of an IDP, section 26 of the Systems Act prescribes that an IDP must have "development strategies". The Systems Act does not define what constitutes a development strategy. Gordon defines a strategy as the "step-by-step means by 108 See s 26(a)-(i) of the Systems Act. Performance indicators and performance targets are predetermined benchmarks that are used by a municipality to assess/monitor the extent to which it has made progress in achieving its objectives and to ascertain where further action is required to address identified problems. They can also be used to measure the achievement of service delivery targets set for individuals or functional teams in a municipality. which an organisation reaches its objectives". 112 Local government development strategies "provide answers to the question of how" a municipality will achieve its objectives. 113 Strategies in a local government strategic plan consist of plans, "programmes, events, operations, and projects" which are to be implemented by a municipality in order to realise its objectives. 114 This suggests that a particular strategy or set of strategies could be adopted by a municipality to specifically meet the material needs of the poor. 115  demonstrates that an IDP is not a static legal tool. The ability of municipalities to design and implement plans and development strategies not specifically prescribed by local government legislation means that they could utilise this flexibility to leverage sector plans and resources that could be used to meet the needs of the poor, thereby enhancing the value and potential of the IDP in the pursuit of social justice. This notwithstanding, the greatest strength of a strategic plan such as the IDP could lie in its deliberate attempt to produce positive change. 120 Instead of allowing the transformative constitutional mandate and social justice to be realised through "disjointed incrementalism", 121 the legal and policy framework for IDPs provides a structured scheme that could be used to prioritise and meet the needs of the poor. However, some writers have cautioned that the IDP appears to be too ambitious given the limited financial resources at the disposal of municipalities and the severe shortage of skilled personnel. 122

Relevant generic features of IDPs
To prevent erratic planning, the Systems Act provides that the process to be followed by a municipality to draft, consider and adopt the IDP must be in accordance with a predetermined programme which specifies time frames for the different steps. 123 As indicated above, this sub-section does not venture into the details of the IDP process but rather discusses from a thematic point of view national and provincial government which did not place an obligation on municipalities to self-fund housing projects especially in emergency situations, 135 the Court held, based on the proper interpretation of the constitutional, legislative and policy framework on the right of access to adequate housing, as well as on its earlier jurisprudence in Grootboom, that there was no basis for the City's argument. 136 The Court held that the assertion that local government is not entitled to self-fund housing projects in the realm of emergency situations to which it is best situated to react, to engage with and prospectively to plan around, was based on a misconception of its jurisprudence in Grootboom. 137  Besides its entitlement to approach the province for assistance, the City has both the power and the duty to finance its own emergency housing scheme. Local government must first consider whether it is able to address an emergency housing situation out of its own means. The right to apply to the province for funds does not preclude this. The City has a duty to plan and budget proactively for situations like that of the Occupiers.
Based on an analysis of the relevant policy and legal framework on housing, the Integrated development planning at the local government level is supposed to cover different "sectors" that also directly relate to the above areas of socio-economic rights, where local government has some law-making and executive powers. The IDP Guide V defines a "sector" as a specific aspect of human need such as water, sanitation, housing, health, a healthy environment, land, energy (electricity) and education, for example. 145 The approach adopted in IDP Guide V is that, in developing and implementing IDPs, "specific sectors should only be considered" in the various processes by a municipality when such sectors are relevant to local priorities. 146 Due to the fact that local circumstances differ from one municipal area to another, local priorities will also differ. 147 However, it is generally expected that the sectors listed above should be provided for in the IDP planning process. 148 This implies that, given a municipality's context, sector-specific needs should be considered in the IDP process and included in a municipality's goals, objectives and strategies. As earlier indicated, strategies in a strategic plan include plans, projects and programmes that are aimed at realising the objectives of a municipality. 149 Although the IDP provides a framework for integrated strategic planning, it may be desirable for some sectors to have sector-specific strategies (depending on local priorities) in order to maximise sector-specific outcomes. measures" that should be adopted to give effect to section 24 of the Constitution.
Through the implementation of a land-use planning and management system conditions can be created that will enable citizens to gain access to land on an equitable basis, to enjoy the right of access to housing which includes an equitable spatial pattern and sustainable human settlements, and to facilitate the progressive realisation of the right to sufficient food and water. 156 Despite the relevance and potential of SPLUMA and municipal SDFs in contributing towards the realisation of constitutional socio-economic rights and the pursuit of social justice, it remains to be seen how local government will address some of the potential challenges that may arise from their implementation.  indicates the flexible nature of the IDP as a local governance instrument. In addition to the prescribed content, it may include "voluntary" content. The multitude of sectors that converge in the IDP makes it directly relevant and theoretically gives it enormous potential to contribute towards the pursuit of social justice because, depending on the context, strategies could be directed to respond to the needs of the poor in diverse areas. In addition, the integration of diverse sectoral strategies in an IDP allows for the optimal allocation of limited resources between sectors and across communities in a manner that promotes (re)distribution and the empowerment of the poor. 170 Despite the potential that this multi-sectoral approach to planning may hold, De Visser argues that: 171 In this framework, the municipality is expected to be the pivot that skilfully mediates the tremendous and varied needs of a municipal community with the requirements of departments and parastatals in two other spheres of government... The intergovernmental aspiration, embedded in the planning framework, which envisages the IDP to be a reflection of the entire government's vision for the municipal area may be an ambitious attempt at cooperative planning across the three spheres. However, the insistence on this wholesale alignment of municipal budgets and plans may also just be an offshoot of the distrust of municipalities as custodians of local development. There is no doubt that pervasive trends of corruption, mismanagement, immature politics and a skills deficit in many municipalities do little to dispel this distrust.
The above extract suggests that the potential of IDPs to contribute towards meeting the needs of communities is seriously diminished by high levels of corruption, maladministration and the lack of skilled personnel in most municipalities.

Interconnected strategic planning
South Africa has a multi-sphere system of government which must operate in accordance with constitutionally entrenched principles of co-operative government. 172 The constitutional mandate to pursue social justice is therefore 170 Sowman the IGRFA, a court will not entertain such a dispute. 181 Against the above background, it seems that social justice can be pursued only through a consolidated response from all spheres of government.
In South Africa the IDP is part of government's interconnected planning system. The IDP is supposed to link, integrate and co-ordinate the policies, plans and strategies of a municipality with those of national and provincial government (especially at various sectoral levels) as well as those of other affected municipalities -in such a case, between district and local municipalities. 182 This obligation is reinforced by the requirement that municipalities must participate in national and provincial development programmes. 183 Each of the sectors discussed above has national and at times provincial departments with sector-specific policies and programmes that must be taken into consideration by municipalities in designing IDPs. 184 This ensures that policies, plans and other strategies adopted by municipalities are aligned with those of national and provincial government. The emphasis on interconnected planning highlights the strong concern for policy coherence across all spheres of government. 185 Through the IDP, different plans and strategies are integrated, co-ordinated and linked to the use of financial, natural, physical and human resources. 186 From this point of view, it could be argued that an interconnected approach to planning may prevent the wastage of limited resources and promote a more coherent response to priorities defined by national and provincial governments (such as eliminating poverty and extreme inequalities) as well as those specifically identified by municipalities. IDPs to the MEC of the province, together with the "Process Plan" and the "Framework for the IDP" (in the case of district municipalities) within 10 days after adoption, for assessment. by national and provincial government in order to restore full functionality. 207 By providing policy guidance and financial support that may be needed by municipalities, national and provincial governments facilitate the ability of municipalities to identify, prioritise and meet the basic needs of poor, disadvantaged and marginalised people.
However, despite the attempts made by national and provincial government to support local government, there is also evidence that various spheres of government often ignore established channels for intergovernmental dispute resolution, therefore deciding to settle intergovernmental disputes in court. 208 The decision to engage in expensive litigation procedures in settling government differences often leads to the dissipation of scarce resources that could be used to execute "developmental" What is evident from the above extract is that, without implementation, the potential of strategic plans such as IDPs is seriously diminished. In addition, it is important to ensure that the implementation of a strategic plan is constantly monitored and reviewed. 212 This means that, during the implementation of a strategic plan, municipalities should put in place mechanisms to continuously check the extent to which the IDPs respond to institutional and community needs. Where it is observed that the implementation of the strategic plan does not contribute towards achieving defined objectives, it should be revised accordingly to cater for changing circumstances. 213 This is to ensure that the implementation of adopted plans and strategies achieves defined objectives.
One of the strengths of the system of IDPs is that municipalities are obliged to establish a performance management system in order to ensure effective implementation of adopted plans and strategies. 214 Established performance management systems may be context specific, equal to the resources of a municipality and in line with the priorities, objectives and targets contained in an IDP. 215 Each municipality is required to promote a culture of performance management amongst its political structures, political office bearers and councillors, including its general administration, in order to ensure that the council is run in an economical, effective, efficient and accountable manner. 216 The performance management system must set appropriate key performance indicators. 217 These serve as a yardstick for measuring individual and municipal performance, including their outcomes and impact in relation to the development priorities and objectives set out in the IDP. Through the use of key performance indicators it is possible to assess the extent to which a municipality has succeeded in achieving its goals and objectives, including the extent to which it has succeeded in combating poverty and extreme inequalities in access to social services. It is suggested that the involvement  However, reports of corruption, mismanagement, nepotism and a lack of accountability at the level of many municipalities suggest that in practice little attempt is made by some councillors, managers and local government officials to adhere to these values and principles. 232 If this practice continues unabated, this may obstruct progress in the pursuit of social justice. In addition, the severe shortage of skilled personnel in most municipalities is another serious constraint.
This problem is expressed in a recent government report as follows: 233 In most municipalities, there is a general lack of the technical skills and knowledge necessary for performing key duties in financial management from an operational perspective. This is a major constraint and one of the biggest challenges facing municipalities. These technical skills include planning, engineering, project management and plant operating. Inadequate capacity at the senior management level and a lack of appropriate financial management skills in municipalities results in poor service delivery. Furthermore, a high turnover of senior management in municipalities, particularly chief financial officers, is a major issue affecting municipalities' capacity to manage their finances properly and thus lay a sound foundation to expand and improve service delivery.
It is estimated that more than fifty percent of planners employed across municipalities in the country are in metros, and that the majority are in the City of From a more general perspective, taking into consideration the extensive provisions on the right to public participation at the local government level, De Visser argues that the Systems Act has made "a concerted attempt to rejuvenate the battered relationship" that existed between the state and society in the old order and that the Act legislates what can be called a "social pact" between community residents and municipalities. 243 According to De Visser, the Act "shows a remarkable commitment to ensuring public participation". 244 Despite the elaborate legislative framework and the guarantees of the right to public participation in local governance, the potential impact of such provisions in guiding the IDP design and implementation process is doubted, given the absence of quality participation at the local government level. 245 Apart from the fact that communities often ignore the mechanisms created for public participation in local governance in favour of street protests, it has been argued that the tendency of municipal officials is to see the framework for public participation in the Systems Act as the legal and therefore the strategic minimum which must be complied with, which has led to the misconception "that Chapter 4 of the Systems Act outlines the process of public participation". 246 To De Visser: 247 Public participation then becomes a technical exercise, where officials "tick off" the relevant sections of the Act after yet another poorly attended public hearing. The success of public participation will not come from the framework of the Municipal Systems Act but from the creativity displayed by municipalities in their own policies and by-laws on public participation.
From the above extract, it appears that municipalities will have to develop creative ways to engage with local communities. It is argued that in the absence of creativity  internally binding and can be reviewed and "amended" suggest that it could be considered a legal governance instrument without an externally binding effect.
Municipalities are obliged to give notice to the public about the adoption of the IDP within fourteen days following the adoption; to make copies or extracts of the adopted IDP available to the public at specified places; and to publish a summary of the IDP. 261 Through these measures awareness is created amongst members of the community, residents and other interested stakeholders of how the IDP may, for example, affect their socio-economic rights and of the structures and programmes that have been put in place to give effect to these rights.

Potential of IDPs to contribute towards the pursuit of social justice
The legal and policy framework for IDPs provides a scheme through which diverse The IDP has become a tightly regulated process that must absorb the input of a multitude of development actors towards the adoption of a document within tight deadlines. This process has thus become a "pressure cooker", which is incompatible with unwieldy community input which tends to disrupt intergovernmental cohesion and adherence to intergovernmental deadlines...There is then a real danger that communities and community organisations will become disgruntled with the IDP, as they perceive the process to be inadequate in responding to their needs. A more realistic approach to intergovernmental planning and alignment may be apposite. It may be worthwhile to consider the identification of a number of national key priorities and insist on their alignment, while relaxing the effort towards synchronisation on other, less important policy areas. This may provide the necessary room for municipalities to develop their planning capabilities, devise mechanisms for genuine interaction with communities, and display creativity. requires that municipalities should promote sustainable development, meet the basic needs of communities and contribute towards realising defined constitutional socioeconomic rights. As a co-responsible sphere of government, local government is obliged to contribute towards achieving the transformative commitments of the Constitution, including the pursuit of social justice. Although the pursuit of social justice remains a constitutional commitment which may never be completely realised, in practice it requires all spheres of government to implement measures that combat poverty and extreme inequalities in access to basic services.
In addition to the above reforms, a conscious effort was made to correct the weaknesses of apartheid development planning and ensure that municipalities plan and execute their expanded developmental mandate in a strategic, co-ordinated and fiscally responsible manner. The system of IDPs was introduced in response to this need. The IDP remains the main legally prescribed local governance instrument to be used by municipalities to realise their expanded constitutional mandate.
This article has specifically explored and critically investigated the relevance to the realisation of the constitutional rights and the potential of IDPs to contribute towards the pursuit of social justice in South Africa. An analysis of the legal and policy framework underpinning IDPs as well as the implementation thereof revealed mixed results about their potential to play such roles. Following the implementation of the IDP system, municipalities have made great progress in planning and providing basic services to communities in a more inclusive and integrated manner. Recent statistics show that enormous progress has been made by municipalities in responding to the basic needs of communities, such as housing, water, electricity and sanitation. It was argued that the multitude of sectors that converge in an IDP -addressing diverse areas of human needs -gives the system enormous potential as an instrument that could be tailored, depending on the context, to contribute towards the pursuit of social justice by specifically responding to the different needs of the poor. Moreover, it was established that the legal and policy frameworks on IDPs have generic features that could increase their relevance and potential in the pursuit of social justice, including the mandatory requirements for public participation, intergovernmental co-ordination and cooperation, establishing performance management systems, and financial management. It was argued that the greatest strength of IDP lies in its deliberate attempt to produce positive change at the grassroot level and that it provides a structured scheme that could be used by municipalities to pursue constitutional objectives.
Despite its potential, the design and implementation of IDPs is constrained by the limitation of financial resources, corruption, mismanagement and the severe shortage of skilled personnel in most municipalities in the country. In addition, although experts suggest that a blanket formula for strategic planning cannot be prescribed to municipalities, the Systems Act prescribes in detail the approach and process that must be followed by municipalities. It was argued that compliance with the tightly regulated system restricts the ability of municipalities to take personal initiative and places a heavy burden on municipalities with limited resources. In addition, it was argued that the overlap of functions such as spatial planning and the confusion about the specific responsibilities of municipalities over the provision of housing has the potential to increase uncertainty in local governance. Apart from the fact that all spheres of government have executive and legislative competence over land planning, their interests in land may overlap. Although there are mechanisms that have been put in place to resolve potential conflicts of interest, their effectiveness will depend largely on the existence of appropriate political will, and one can expect that national and provincial interests over land will almost certainly override municipal interests. The evidence suggest that, instead of resolving intergovernmental disputes in channels established for that purpose, municipalities often settle disputes with other spheres of government in court. Engaging in expensive litigation means the waste of limited resources which could be used to deliver services. Furthermore, the many mechanisms created by the elaborate framework for public participation are underutilised at the level of most municipalities.
It is suggested that despite the challenges faced in the implementation of the IDP system, it has the potential to respond to the needs of communities. Instead of