Reconstructing southern Africa

As the political climate throughout southern Africa continues to change, the Monash South Africa Centre for Law and Reconstruction in Southern Africa is helping businesses, governments and community groups meet developmental needs while maintaining legal compliance. DIANE SQUIRES reports.

When community members from Nietverdiemt, in the North-West province of South Africa, decided to establish a game lodge in the Madikwe Game Reserve, they had no idea where to turn.

The community decided they wanted to establish a lodge and use the profits to benefit the whole community - to help fund schools, set up medical clinics and provide student bursaries.

The idea was simple, but understanding and meeting the legal requirements associated with such an endeavour proved more difficult. In 2002, the community approached the Centre for Law and Reconstruction in Southern Africa (CLARISA) at Monash South Africa for help.

CLARISA, established in 2001 to assist in the development process across southern Africa, was able to help the residents set up a legal entity.

Governing: Mr Terence Mokale, left, and Professor Theo Scheepers are helping rebuild law and governance in southern Africa through the Monash South Africa-based CLARISA.

"They were just ordinary citizens who lived on the border of the game reserve," says CLARISA deputy-director Mr Terence Mokale. "The residents believed they could do something that would benefit the whole community, but they didn't know how to go about making their vision a reality.

"They contacted us to assist them, and we helped them form a legal entity and register as a trust. Through that trust they will be able to put aside money from the game park and identify development projects within the community to fund."

The project highlights CLARISA's commitment to community involvement across southern Africa. As well as helping community organisations, the centre helps governments and business entities comply with legal requirements.

CLARISA director Professor Theo Scheepers describes the centre as a multi-disciplinary organisation designed to create research opportunities across southern Africa and to establish collaborative projects with faculties and departments across Monash.

But Professor Scheepers says the research undertaken by the centre differs from that undertaken in other areas of the university. "Our research is different to the structured research people generally think of," he says.

"It might be that we have a client who wants an opinion or wants some research done. For instance, someone could come to us wanting to establish a business in Kenya. We would look at the business climate in Kenya, the legal requirements and so on.

"We would make an assessment for them and then help them to meet all requirements."

CLARISA was established as a joint centre of Monash South Africa and the Monash University Faculty of Law. Since its launch, the centre has worked with a number of local governments including Mogale City Council, Potchefstroom Council, Westrand District Municipality and the Gauteng branch of the South Africa Local Government Association.

Professor Scheepers says ongoing changes to the political landscape throughout southern Africa in recent years have made it difficult for stakeholders to keep abreast of governance compliance issues. Two years ago, the government system in South Africa was changed to place more responsibility for governing in the hands of local rather than national governments.

"In South Africa, we now have a system of governance called developmental governance, whereby local governments take greater responsibility in governing the people," he says. "This system of government, implemented just two years ago, is new to everyone. CLARISA is playing its part in the country's development by ensuring local governments understand the new government system, what it means to them and what they must do in order to comply with it."

CLARISA is also working with the Democratic Republic of Congo (DRC) to help establish a legal framework as the country prepares for democratic elections in two years. The centre began working with the DRC in December and is helping create legal frameworks to enable electoral commissions, justice centres and a police force to be established in the country.

"By helping organisations and governments throughout southern Africa, we are assisting in the long-term development of this continent," Professor Scheepers says. "As a teaching institution we have a responsibility to help build southern Africa, but this work also adds to the Monash body of research and learning."

Action

For more information, visit the CLARISA website or contact CLARISA on +27 11 950 4170.