Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework
As is evident in the prevailing water and electricity rationing, South Africa is reeling from a crisis of poor service delivery. Against the background of its apartheid history and liberal constitution, this article examines how South Africa's legal framework promotes efficient service deliver...
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| Format: | Article |
| Language: | Afrikaans |
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North-West University
2024-11-01
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| Series: | Potchefstroom Electronic Law Journal |
| Subjects: | |
| Online Access: | https://perjournal.co.za/article/view/17747 |
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| _version_ | 1846156274194972672 |
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| author | Ebi Okeng Anthony Chima Diala |
| author_facet | Ebi Okeng Anthony Chima Diala |
| author_sort | Ebi Okeng |
| collection | DOAJ |
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As is evident in the prevailing water and electricity rationing, South Africa is reeling from a crisis of poor service delivery. Against the background of its apartheid history and liberal constitution, this article examines how South Africa's legal framework promotes efficient service delivery in the context of a social contract theory. Using a literature review and content analysis of legislation, this article argues that basic service delivery is a human right that underlies the core function of the State regarding its social contract with citizens. The article critiques cooperative governance and the demarcation of service delivery duties between the spheres of government in the 1996 Constitution, the Municipal Structures Act, the Municipal Systems Act, and the Traditional Leadership and Governance Framework Act. It demonstrates how the legal framework places a heavy burden on the local government to provide basic amenities. By highlighting how a social contract informs the purpose of the constitutional State, the article demonstrates why service delivery must be taken seriously in a nation desperately in need of socio-economic transformation.
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| format | Article |
| id | doaj-art-dbaa49522c614b148881fa30f1c4f379 |
| institution | Kabale University |
| issn | 1727-3781 |
| language | Afrikaans |
| publishDate | 2024-11-01 |
| publisher | North-West University |
| record_format | Article |
| series | Potchefstroom Electronic Law Journal |
| spelling | doaj-art-dbaa49522c614b148881fa30f1c4f3792024-11-26T08:26:31ZafrNorth-West UniversityPotchefstroom Electronic Law Journal1727-37812024-11-012710.17159/1727-3781/2024/v27i0a17747Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal FrameworkEbi Okeng0https://orcid.org/0000-0003-2582-0139Anthony Chima Diala1https://orcid.org/0000-0003-2582-0139Law Society of South Africa University of Western Cape As is evident in the prevailing water and electricity rationing, South Africa is reeling from a crisis of poor service delivery. Against the background of its apartheid history and liberal constitution, this article examines how South Africa's legal framework promotes efficient service delivery in the context of a social contract theory. Using a literature review and content analysis of legislation, this article argues that basic service delivery is a human right that underlies the core function of the State regarding its social contract with citizens. The article critiques cooperative governance and the demarcation of service delivery duties between the spheres of government in the 1996 Constitution, the Municipal Structures Act, the Municipal Systems Act, and the Traditional Leadership and Governance Framework Act. It demonstrates how the legal framework places a heavy burden on the local government to provide basic amenities. By highlighting how a social contract informs the purpose of the constitutional State, the article demonstrates why service delivery must be taken seriously in a nation desperately in need of socio-economic transformation. https://perjournal.co.za/article/view/17747Human rightsservice deliverysocial contract theorygood governanceSouth Africa |
| spellingShingle | Ebi Okeng Anthony Chima Diala Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework Potchefstroom Electronic Law Journal Human rights service delivery social contract theory good governance South Africa |
| title | Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework |
| title_full | Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework |
| title_fullStr | Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework |
| title_full_unstemmed | Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework |
| title_short | Promotion of Service Delivery in Terms of the Social Contract Theory in South Africa's Legal Framework |
| title_sort | promotion of service delivery in terms of the social contract theory in south africa s legal framework |
| topic | Human rights service delivery social contract theory good governance South Africa |
| url | https://perjournal.co.za/article/view/17747 |
| work_keys_str_mv | AT ebiokeng promotionofservicedeliveryintermsofthesocialcontracttheoryinsouthafricaslegalframework AT anthonychimadiala promotionofservicedeliveryintermsofthesocialcontracttheoryinsouthafricaslegalframework |