Rural Development within the Context of Development, Sustainability and Rural Issues - Some Constitutional, Policy and Implementation Perspectives

This article provides an overview of some developments, internationally, regionally and in the SADC, in relation to development, that may be expected to influence the South African government’s response to the development needs of the people in the country. An overview is provided of the somewhat haphazard way in which the Constitution of the Republic of South Africa, 1996 refers to the need for and objective of development (including rural development) in the country. Through their explanatory outline of three distinct phases in South African rural development law and policy: 1994–2000 (the Reconstruction and Development Programme and related documents and their implementation); 2000–April 2009 (the Integrated Sustainable Rural Development Strategy and its implementation) and April 2009 (the Comprehensive Rural Development Programme and related documents), the authors review some of the historical strengths and future prospects related to rural development in South Africa. Based on an assessment of historical trends, a number of recommendations are made for government’s way forward in the implementation of the constitutional objectives, law and policy relevant to rural development in the country.


Introduction
In April 2009, with the advent of the Zuma Presidency, rural development became one of the key priority programmes for the next five years (2009)(2010)(2011)(2012)(2013)(2014).
The premise of this article is that the Constitution of the Republic of South Africa, 1996 (hereafter "the Constitution"), provides a binding framework for the planning, coordination and implementation of development (including rural development) as one of the key foundations of South Africa as a developmental state. In addition, South Africa also has international obligations relating to the implementation of the global objective of sustainable development and the narrowing of the significant inequalities relating to income 1 that characterise the developing world (as against the developed world) of which South Africa is a member, due to its pervasive historically race-based domestic disparities.
Three distinct phases can be identified as regards rural development policy As the focus of this article is on the constitutional, policy and implementation frameworks for rural development, the discussion of relevant post-1994 judgements by the Constitutional Court, Supreme Court of Appeal, High Court and Land Claims Court relating to various aspects of development will be dealt with by means of a separate publication.
African domestic law as provided for in section 231 of the Constitution). 7 As a result, the MDGs form part of international 'soft law '. 8 In this regard, Strydom and Hopkins state as follows: Non-binding resolutions, such as those adopted by the General Assembly or by the organs of other international organizations, do not have direct legal effect in the national legal system and must be transformed into national law by means of a legislative measure. 9 In South Africa, no explicit legislative measures were enacted by the RSA Parliament to give statutory effect to the MDGs. Consequently there is no direct legally binding instrument in South African law that compels the Government to implement the MDGs, nor can the Government be held accountable in a court of law for alleged non-compliance with its international undertakings.
All member countries (including South Africa) have undertaken to submit annual reports on their progressive achievements of these goals in order to enable the General Assembly to review the realisation of the MDGs on a regular basis. 10 The 2007 UNDP report on the progress made by South Africa in achieving the targets of the MDGs, for example, highlighted some socioeconomic challenges that indicate that there are still a number of obstacles that must be addressed. These challenges include, amongst others, the fast growing number of households, the high unemployment rate, the changing structure of the economy, rapid migration into urban areas, and certain shifts in demographics. 11 7 Strydom and Hopkins indicate that "the creation of international customary law rules through resolutions by political organs of the UN is a hotly contested practice, especially with regard to UN resolutions that are non-binding and that fall under the category of mere recommendations". They refer to the International Court of Justice's decision in Legality of the Threat or Use of Nuclear Weapons (1996) ICJ Reports 226 where it is stated: "The Court notes that General Assembly resolutions, even if they are not-binding, may sometimes have normative value" (see Strydom and Hopkins "International Law" 30-5). 8 See Van der Linde and Basson "Environment" 50-18 with regard to the concept "soft law". 9 Strydom and Hopkins "International Law" 30-11. 10 UN General Assembly Resolution adopted by the General Assembly, 55/2 UN Millennium Declaration, September 2000 Article 31. 11 UNDP 2007 www.undp.org.za. For an overview of the advances that had been made, as well as the areas that need focus, see UN 2009 www.un.org The 2002 UN World Summit on Sustainable Development (WSSD) identified the following priorities amongst others: the building of basic rural infrastructure, the diversification of the economy and the improvement of transportation and access to markets, and market information and credit for the rural poor in order to support sustainable agriculture and rural development. The pillars of sustainable development were identified as economic development, social development and environmental protection (the so-called "triple bottom line"). 12 These pillars must be reinforced at local, national, regional and global levels.
Poverty eradication, changing consumption and production patterns, and protecting and managing the natural resource base for economic and social development are perceived as overarching objectives of an essential requirements for sustainable development. 13

The regional context: the African Union
In the regional context, the African Union's agenda for social development is human-centred in as far as it seeks to promote human rights and dignity.
Progress is, however, likely to be hampered by the dire social developmental crisis facing the continent. The ministers present at the First Session of the African Union Labour and Social Affairs Commission even made a recommendation and requested the AU Commission to develop a Social Policy Framework for Africa to complement and supplement on-going national and regional policy initiatives. 14 However, such a policy framework has not yet been developed. Once completed, and if approved by the African Union, it will have 12 Also referred to as the "Triple Ps"people, planet, profit. 13 The Johannesburg Declaration on Sustainable Development (formulated at the WSSD) provided for the Plan of Implementation of the World Summit on Sustainable Development, which was referred to the General Assembly for adoption (UN 2002 World Summit Plan www.un-documents.net give legal effect thereto in the domestic sphere. As a result, individual citizens would also not be in a position to enforce in a South African court compliance with the article 3(j) objective of sustainable development.
As regards the Treaty, it is binding on the South African Government in its relationship with other governments who are signatories to the Treaty; however, it too does not create any enforceable rights for citizens in domestic courts.

Chapters 1, 2 and 3 of the 1996 Constitution
The Constitution is the supreme law of the country. It is premised on the developmental nature of the South African state including the establishment of a society characterised by social justice and fundamental human rights, as well as the improvement of the quality of life. Its Preamble provides as follows: We, the people of South Africa,… therefore, through our freely elected representatives, adopt this Constitution as the supreme law of the Republic so as to -Heal the divisions of the past and establish a society based on democratic values, social justice and fundamental human rights; ... improve the quality of life of all citizens and free the potential of each person.   In respect of the local sphere of government, the legislative authority and executive authority are vested in the municipal council. 35 Neither the national government nor the provincial government may compromise or impede a municipality's ability or right to exercise its powers or perform its functions.
In relation to departmental priorities and functions relating to development, the

The objects and duties of local government with regard to development
As was stated above, section 152 of the Constitution 40 sets out the five objects of local government (all of which relate directly and/or indirectly to matters pertaining to development, including rural development). Section 152 reads as follows: 152 (1) The objects of local government are -(a) to provide democratic and accountable government for local communities; these authors, s 24 refers to intergenerational equity, which concept "requires that present generations be under an obligation to ensure that the environment and natural resources are equitably preserved and protected for the full enjoyment of future generations" (50-17). See in this regard also  See s 3.1 above for an exposition of all instances where the term "development" on its own, and in combinations (e.g. "rural development", "planning and development", etc.) is referred to in the Constitution. (b) to ensure the provision of services to communities in a sustainable manner; (c) to promote social and economic development; (d) to promote a safe and healthy environment; and (e) to encourage the involvement of communities and community organisations in the matters of local government.
(2) A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1

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The discussion to follow critically reflects on these phases and the fragmented fashion in which rural development has been approached over the years by bearing in mind South Africa's international commitments, the objectives and provisions of the Constitution, and the relationship between sustainable development and rural development.

Rural Development 1994-2000
Parts  The ( Even though these assessments were more often than not of a quantitative as opposed to a qualitative nature, they do provide a partial overview of progress made with regard to development. As a result of the extension of social grants and the creation of jobs, there was a decrease in the head count poverty rate. Interestingly, many ISRDS rural nodes performed well with regard to social capital. Although the ISRDS did not have a "programme-wide, positive impact, despite being halfway into their decade-long lifespan", the poverty index had dropped in all nodes. However, the following key challenges faced by the In a way, this relates to MDG 1 (the eradication of extreme poverty and hunger). 70 These objectives relate to MDGs 2 (the achievement of universal education), 4 (the reduction of child mortality), 5 (the improvement of maternal health) and 6 (the combating of HIV and AIDS, malaria and other diseases). 71 The objective regarding sexism relates to MDG 3 (the promotion of gender equality and the empowerment of women). It is interesting to note that MDGs 7 (ensuring environmental sustainability) and 8 (the development of a global partnership for development) do not form part of the main objectives of the South African Government. The focus in South Africa is rather on ensuring a more equitable distribution of the benefits of economic growth and reducing inequality; building a nation free from racism, tribalism and xenophobia (in addition to sexism); improving access to basic services; and improving the safety of citizens.
With regard to the third strategic priority (rural development), mention is made of the establishment and implementation of an innovative approach to integrated rural development, namely the Comprehensive Rural Development Strategy (which is linked to land and agrarian reform and food security).
Between at least 10 and 15 million South Africans live in (largely rural) areas that are characterised by extreme poverty and underdevelopment. The overall objective is to develop and implement a comprehensive strategy for rural development that transcends the dichotomy between rural and urban, and that will improve the quality of life of rural households, will enhance the country's food security through generating a broader base of agricultural production, and will exploit the varied economic potential that each area enjoys. The CRDP has the following transversal (programme) elements:

Elements of the
Appropriate co-ordinated planning; A strong emphasis on effectiveness; The empowerment of vulnerable groups (women, youth, the unemployed, people living with HIV/Aids, people living with disabilities, child-headed households, and older persons; The creation of "vibrant" and "sustainable rural communities"; The realisation of equitable community development; An increased production and sustainable use of natural resources by  2009 (1994-1999, 1999-2004 and 2004-2009), different ministers are now responsible for these two portfolios. The RDA will act as an arm of government and will be responsible for the following functions: coordination, planning and resource mobilisation, monitoring and evaluation, and reporting systems and accountability. 76 Overall, the RDA will play a co-ordinating role with regard to agrarian transformation, rural development and land reform (all of which form part of the CRDP).
Mention has been made above of the identification of Giyani in the Limpopo Province as the pilot site for the implementation of the CRDP. It is envisaged that additional pilots will be rolled out in a number of provinces during the next financial year (2010-2011). It has been announced that the CRDP base document (published in September 2009) will be updated before being implemented as the blueprint for Comprehensive Rural Development in South Africa.
A key part of the rural development strategy is the stimulation of agricultural production, which will in turn contribute to food security. This entails providing access to agricultural loans; providing agricultural implements to emerging farmers; and providing high quality agricultural extension services. With regard to emerging farmers, government will provide broadened access to training and skills enhancement; agricultural colleges will be transformed to become centres of excellence; the professional mentorship system for emerging farmers will be promoted; and steps will be taken to protect valuable agricultural land from encroachment by other land uses. In addition, government will ensure access to basic food items for poor households. As regards references to the Constitution, the CRDP framework refers to the following issues: (a) land reform is entrenched in section 25 (4) The specific references to and exposition of the need for effective co-ordination as regards conceptualisation, planning, implementation and M&E in the CRDP give evidence of an innovative approach. If implemented, this will deal in a 77 Government of RSA 2009 www.info.gov.za 78 The roles of local government relating to rural development will overlap with those of the other two spheres of government. As stated above, Schedule 4 (Part A) states that rural development is a concurrent national and provincial competence. 79 DRDLR 2009 www.dla.gov.za significant manner with some of the major deficiencies that characterised rural development policy frameworks, programmes and projects during the two preceding phases.

Conclusion
The above overview and assessment of (a) the international development The establishment and implementation of a comprehensive public participation programme that will ensure the inclusive involvement and participation of beneficiary communities in needs identification, planning, implementation, and monitoring and evaluation; The establishment and implementation of a wide-ranging communication strategy that will serve to inform both the beneficiary communities and all government sectors on a continuous basis; The identification of core transversal elements that must be addressed in both the design and implementation of every rural development project, e.g. the inclusion of vulnerable groups such as people living with HIV/Aids, women, the youth and disabled persons; The establishment of a Special Purpose Vehicle (SPV) that will ensure that all government programmes, projects and related resources (e.g.