WORLD TOWN PLANNING DAY LIVEABLE CITIES: URBANISING WORLD. MEETING THE CHALLENGE CITY OF CAPE TOWN, 10—11 NOVEMBER 2011 SESSION 3 PLANNING FOR INFORMALITIES: HOW CAN PLANNING BE MADE MORE RELEVANT TO RESIDENTS LIVING IN INFORMAL AREAS? RESPONDING TO INFORMALITIES Tanja Winkler School of Architecture, Planning & Geomatics University of Cape Town INTRODUCTION As we know, calls for informal settlement upgrading have intensified ever since the promulgation of the Upgrading of Informal Settlement Programme (UISP) in 2004 by the former (national) Department of Housing. In fact, during the first quarter of 2010, the Presidency announced a target of upgrading 400,000 in situ homes across South Africa by 2014. And this target--which suggests a 'radical' overhaul of the state's former 'eradication' discourse via the implementation of BNG (or RDP) housing, or via the temporary relocation of informal settlers to 'more suitable' locations (or TRAs)--is now actively supported not only by the National Department of Human Settlements, but also by various municipalities, 'housing think-tanks', lobby groups, and donorfunded NGOs, including SDI and its affiliates. Moreover, in 2007, the Cities Alliance requested that the then national Department of Housing submit a funding application to them for the explicit 1 purpose of enhancing, refining, and implementing the National Upgrading Support Programme (NUSP) in accordance with national legislation (Cities Alliance, 2007). While the reasons for this re-conceptualisation of housing policies might, arguably, stem from a 'pragmatic turn' found in current policymaking agendas--namely, that it is economically unfeasible to meet the original RDP targets, and that informal settlements are an intrinsic component of cities of the global South--for the purpose of this paper, these reasons are not explicitly explored. Rather, the seemingly progressive policy directives found in the USIP (RSA, 2004), for example, necessitate deeper explorations, since these policies suggest possible answers to an enduring question: How can planning be made more relevant to residents living in informal areas? Said differently, Chapter 13 of the National Housing Code (RSA, 2004) stipulates a number of directives for how planning interventions might become more relevant to informal settlement residents by, for example, minimising disruptions to residents' daily livelihood strategies and by involving residents in all the decision making processes and outcomes of proposed in situ upgrading initiatives. Promises of ‘participatory democracy’--via resident involvement and inclusion in planning (and other) state-led interventions--are also enshrined in the Constitution of the Republic of South Africa and they are legislated in local government policies. It might then be argued that current planning and development legislation in South Africa conforms, to some degree, to a dominant strand of contemporary planning theory that explicitly focuses on deliberative forms of policymaking, as “the challenge of building democratic polities where all can realise their rights and claim their citizenship [in the broadest sense] remains one of the greatest of our age” (Cornwall and Coelho, 2007: 1). In other words, there is some consensus amongst local policymakers, NGOs, and urban scholars alike that “direct public engagement in governance is a means to redress the democratic deficit plaguing liberal democratic institutions” (Lipietz, 2008: 138). Much of the literature therefore aims to recognise 2 local actors as “active claims-making agents” (Hickey and Mohan, 2004: 3); and participatory discourses now occupy a mainstream status in the international and local planning and development fields. However, despite the fact that that 'public participation' and ‘participatory democracy’ are deemed essential policy directives in the UISP (and elsewhere) for the purposes of making in situ upgrading more responsive and relevant to informal settlement residents, outcomes from these policy directives seems, for the time being, to be devoid of any real transformation. This paper aims to demonstrate this claim by identifying at least four possible, but interrelated, reasons for non-transformative participation. Findings, in turn, are based on ongoing research on public policymaking practices in South Africa. Due to a word limit constraint, in-depth case study findings are, however, not presented here. Rather, such findings are published elsewhere (cf. Winkler, 2011; 2009a; 2009b). Let us then turn to a few possible reasons for the (still) ineffective implementation of 'public participation' in local planning interventions. Yet, in order to make planning more relevant to residents living in informal areas, we, as planners, arguably first need to ensure that our interventions are inclusive of residents needs, hopes, and aspirations. And to do this, we need to understand (and reassess) why we are struggling to implement our seemingly progressive policies. REASONS FOR NON-TRANSFORMATIVE PARTICIPATION Various reasons for ineffective participation, from a transformative standpoint, may be identified from my ongoing research on 'participatory democracy' and 'the voice of the poor' in local planning interventions in cities across South Africa. These reasons are outlined and summarise accordingly. First, research findings suggest that municipal planning officials have fairly limited 3 policymaking autonomy, since policy agendas and outcomes are, more often than not, set by local politicians who, in turn, are required to endorse national policy directives (as is customary in most liberal-democratic and unitary systems of governance in various world regions). This suggestion corroborates a statement captured, for example, in the now 'outdated' but nonetheless relevant Jo’burg 2030 policy document: [C]ity administrators are policy-takers rather than policymakers. What this means is that the City of Johannesburg [or any other City in South Africa] is largely governed by policies made at [the] national government level. The City does not possess many of the levers required to affect policy at a fundamental level: Thus it is a policy-taker. (CoJ, 2002: 7) A senior official at the City of Johannesburg confirms this suggestion: Although politicians tend not to be involved in the details of spatial policy and strategic planning, they do establish the priorities that officials respond to. And officials need to respond to political imperatives. (Interview, senior municipal official, 2010) It may, therefore, be argued that if a 'truncated approach' to resident engagement is deemed a more pragmatic, cost effective, and resource efficient solution to achieving national political imperatives by restricting public input to the implementation and evaluation phases of an upgrading initiative alone, then local officials possess limited power to facilitate open-ended and ongoing resident involvement in all four phases of the policymaking process (namely, in the policy formation, policy adoption, implementation, and evaluation phases). Such a ‘pragmatic’ approach to policymaking, whether in Johannesburg, Cape Town, or elsewhere in South Africa, thwarts 4 opportunities to transform the existing planning system, because citizens have a limited voice regarding the state’s allocative structures. Moreover, upgrading initiatives necessitate longer timeframes, and, as such, such initiatives are often vulnerable to five-year political cycles that curb sustained citizen engagements, and ongoing mutual-learning exchanges, in policymaking and implementation processes. Second, research findings show that the adopted 'public management system' in South Africa is purposefully designed to guide local authorities' strategic planning processes and budgets. However, most municipalities' “performance management systems set fixed targets that don’t allow for the depth, flexibility, and time public engagements require” (interview, senior municipal official, 2010). As a consequence, officials often have no choice but to resort to 'quick-fix', linear, and one-off public participation initiatives to meet legislated directives, thereby confirming some scholars' claims that most participatory initiatives serve only to fulfil the technical requirement of the planning system (Cooke and Kothari 2001; Corbridge et al 2005; Huxley and Yiftachel 2000). Lost in the process of quick-fix results is a political will to engender participation as empowerment and as a right to change public policy and outcomes. Linear and one-off initiatives are thus emptied of transformative political content. Instead, legislated public participation in South Africa often tends to operate as a proliferation of national political rhetoric and technical control standards that reduce diverse resident needs and social structures to manageable and quantifiable outcomes alone. Regardless then of legislated directives, a gap remains between the legal and technical apparatus that has been created to institutionalise participation in many cities across South Africa. This finding equally applies to other geo-political contexts (cf. for example, Clark and Stewart 1998; Cornwall and Coelho 2007; Harcourt and Escobar 2002; Putnam 2000). 5 Third, findings from Johannesburg in particular suggest that active citizenship seems to favour Johannesburg’s organised and resourced constituencies. To be sure: Communities may prepare their own plans. If the Department [of Planning and Urban Management] is satisfied that their plans are consistent with Council policy, then we will submit it to [the] Mayoral Committee for approval. Generally speaking, only better resourced communities prepare their own plans. (Interview, senior CoJ official, 2009) A final reason for non-transformative participation may rest squarely with the national state's (and, in particular, the ANC’s) “underlying ambivalence towards participatory processes” (Lipietz, 2008: 147), despite legislation and political rhetoric to suggest otherwise. Arguably, from an ANC standpoint, the struggle against an oppressive apartheid regime was fought and decisively won on principles of social justice. Formal participatory processes and structures, such as elections and ward committees, are then perceived by the ANC as the most appropriate channels to facilitate its inclusionary credo and to deliver equitable planning outcomes, as the ANC remains confident in its role as ‘the people’s representative’ (ANC 2002; 2005; 2007). Equitable outcomes are also achievable through the ANC’s liberation promise to deliver services: “The more powerful political imperative is to show delivery, even if there’s an emphasis on participation” (interview, senior CoJ official, 2009). A centralised approach to policymaking and “a dominant party system [that] rewards loyalty to the party above all [else]” (Bénit-Gbaffou, 2008a: ii) effectively ‘eliminate’ the need for wider, more open political structures and processes to affect participation through a rights-based approach. Accountability then tends to flow towards party structures and not to residents, regardless of established ward committee structures (Bond 2008; Heller 2001; Friedman 2001). As a 6 consequence, ward councillors and committees are often by-passed by residents, civic associations, and social movements, because formal structures are perceived to be ineffectual, powerless, and even corrupt (cf. Ballard 2008; Bénit-Gbaffou 2008b; Meth 2010; Miraftab & Wills 2005; Piper and Deacon 2008). It may, therefore, be argued that legislated participation is little more than an administrative tool, specifically designed to legitimise the existing political and planning system. Under such conditions, forms of policymaking remain unchanged (Gilbert 1987), and the transformative potential of active citizenship remains unrealised. CONCLUDING REMARKS While promises of ‘participatory democracy’ are enshrined in the Constitution of the Republic of South Africa and legislated in national housing policies, state-led participation in most municipalities remains, for the time being, devoid of any real transformation. This paper demonstrates this by retracking the municipality’s invited, and other, spaces of policymaking. Findings spotlight at least four overarching, but interrelated, reasons for non-transformative participation. First, officials have limited policymaking autonomy to promote open-ended and sustained citizen engagement in planning processes, as they are required to respond to predetermined political imperatives that are subject to ever-changing political cycles. Next, NPM precludes possibilities to engender participation as empowerment or a right. Third, active citizenship tends to favour organised and resourced constituencies, thereby undermining opportunities to deepen democratic and responsive governance. Fourth, the national state's current conceptualisation of participatory governance is limited to formal election procedures and structures alone that marginalise and delegitimize other forms of political engagement. Still, the argument mounted here does not deny, preclude, or devalue the potential of managed participation to generate expectations and participatory skills that might, in the future, lead to more transformative outcomes, since the state is neither monolithic nor omnipotent. 7 My ongoing research also sets out to explore the following question: What is the role of legislated ‘public participation’ in South Africa? Again, research findings show how legislated participation is little more than an administrative tool. Public input to policymaking also becomes vulnerable to political cycles; and when this input takes place, it is, at best, restricted to the less influential phases of the policymaking process, namely the implementation and evaluation phases. This restriction further diminishes opportunities for residents to affect the state’s allocative structures, since they have no say on the contents of formulated and adopted policies. What then will it take for city residents to meaningfully participate in state-led participatory fora, and for their participation to result in an actual transformation of planning policies, practices, and outcomes? A way forward might be to embrace Heller’s (2001) 'optimist conflict model' of participatory democracy and responsive government. Yet, such an embrace requires both a demand making citizenry and a responsive state, so that the boundaries between claimed and invited spaces for participation may become more permeable, and so that actors may circulate more freely between and within these spaces. An 'optimist conflict model' for real transformation recognises the tension that exists between and within claimed and invited spaces. It enables citizens to claim their own space to challenge public policy, but it also requires state actors to respond to claimed spaces by re-conceptualising the institutional design of invited spaces so that these may become more inclusive, responsive, and effective, even if outcomes are subject to constant trade-offs. In sum, deepening democratic engagements calls for more than merely invitations to participate. It calls for a “step-by-step process of radical reform and social learning in all domains of public action” (Friedmann, 1987: 407). However, without the necessary political will to secure citizens’ rights not only to participate in planning (through legal or constitutional guarantees), but also to change planning policies, practices, and outcomes, the transformative potential of active citizenship may remain unrealised. 8 REFERENCES ANC (African National Congress) 2002. 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