Research Report The role of the Kgetlengrivier Citizens Group on the administration of water services Masters in Management Student: Lourensa Eckard Supervisor: Prof. Pundy Pillay 2 INDEX 1. Introduction page 4 1.2 Research problem page 6 1.3 Research questions page 7 1.4 Research purpose and objectives page 7 2. Literature review page 8 3. Methodology and field work page 17 4. Analysis and findings page 20 5. Discussion page 33 6. Conclusion page 33 References page 33 Appendices page 43 3 I, Lourensa Eckard (student number: 2356271). Declare that this research is my DECLARATION 4 The role of the Kgetlengrivier Citizens Group on the administration of water services 1. Introduction There are many service delivery challenges in various municipalities across South Africa. A cursory look at the annual municipal report by the auditor-general provides a bleak picture. The auditor-general described a general breakdown in local government (2019 - 20 MFMA Media Release 30 June 2021, 2021). The effects of a lack of service delivery cannot always be easily quantified. What is clear, however, is that residents suffer greatly when basic services are not delivered. The North West province was singled out by the auditor-general for particularly poor municipal management (Felix, 2021). In the case of the Kgetlengrivier municipality in the North West province, the issue of water and sanitation has recently come to the fore because of the manner in which local residents decided to respond to a lack of service delivery, especially water and sanitation. The municipality was placed under administration in 2018 by the then premier Job Mokgoro (Montsho, 2018). This is truly a service delivery failure that affects all the residents in this municipality In the case of power cuts and load-shedding, there are, of course, those who have the resources to procure generators and other devices that help to keep the lights on. It could be argued that those same people would be able to afford water storage systems that would see them unaffected by a lack of a stable water supply. However, these systems are ultimately also still reliant on the municipality for water that is safe to consume. The Kgetlengrivier Concerned Citizens (KCC) group took the municipality to court. On December 2020, and in a judgement without precedent, Judge Festus Gura granted an order that the KCC could take over the waterworks, as the municipality had failed in its constitutional mandate to provide water for the municipality, stating that “The Applicant be authorised to take control of the sewerage works at Koster and Swartruggens, to appoint or employ suitably qualified people to operate the sewerage works and that the reasonable costs for such work be paid jointly and severally by the MEC responsible for Environmental Affairs, KLM and the Bojanala Platinum District Municipality (“Bojanala”).” (Kgetlengrivier 5 Concerned Citizens & Another v Kgetlengrivier Local Municipality & Others, 2021). The order was temporary, with the KCC taking control of the sewerage and water works from 7 January 2021 tot 13 Mei 2021. It has been argued that the decentralisation of water provision has contributed to many municipalities not being able to do that, due to a lack of financial capacity (e.g.,Weaver et al., 2019). This may or may not be the case with the Kgetlengrivier municipality, but in any event, the KCC took over the water works of the municipality, without an electoral mandate. Furthermore, it is of utmost importance to recognize “elected and traditional authority structures” when it comes to the actions of citizens in addressing a lack of water service delivery (Bulled, 2016). A key question in this regard is the following: Does the KCC , a ratepayers organisation, represent a traditional or elected authority structure? As stated by Koehler (2018), the improvement of water service delivery rests on a perception of responsibility by the actors in charge of the implementation of a legal mandate. Did the executive members of the KCC have a perception of responsibility of implementing the legal mandate provided to them by the court order given by judge Gura? The primary analytical approach will be a focus on exploring what the decision making process of the KCC entailed, and when they were granted the order to take over the water works. Further questions relate to their main focus; how they reached consensus; what were their challenges; and what were their successes and their failures. This case study is a very interesting one in that it was not a move to privatize water services, but rather one that attempted to utilize public resources more efficiently and effectively. Everyday international political economy provides an opportunity to re-evaluate the role of citizens and organisations in affecting the governance of resources such as water (Meissner & Ramasar, 2015). The case of the KCC taking over the water services of the Kgetlengrivier local municipality, is an opportunity to evaluate the relationship between individuals (the executive members of the KCC) and the state. Inequality in South Africa manifests itself in many spheres, access to water being one of them. Archbishop Thabo Makgoba (2018) has argued that sanitation is dignity, and certain households in South Africa are able to water vast lawns, while in other communities a single tap is shared by many families. If the state fails in providing water and sanitation to its 6 citizens, as was pointed out in the court order pertaining to the Kgetlengrivier municipality, and private citizens step in to try and remedy this, the way it was done is considered here as an important topic of research because it might create a precedent for other beleaguered municipalities. However, this does not however imply that the research should focus as a roadmap for other organisations or groupings, but rather to explore this particular case study in a qualitative manner, to try and explain why the KCC did what they did. 1.2 Research problem Local government faces many challenges with regard to service delivery. As residents become more and more frustrated, there is anecdotal evidence of parallel governance structures forming. The KCC is a non-profit, non-governmental organisation that was essentially given the keys to the water services of the Kgetlengrivier municipality. Their approach was not merely a civil society approach, as they did not want to only put pressure on the municipality to provide services; they wanted to take over the water services, which they eventually did. It is argued that the court order granting the KCC temporary control of the water services of the Kgetlengrivier municipality is sufficient in demonstrating the failure of the municipality to render water services to the community. A more detailed discussion on the background regarding the failure of the Kgetlengrivier municipality to render water services is beyond the scope of this research. The court order referenced is the seminal event underlying the research. The problem, however, is that this group of residents was not democratically elected; they did not even officially align with any political party. From a governance perspective, what they were allowed to do is unprecedented. There is no official policy or mandate that applied to them, which also raises questions of accountability. What needs to be looked at is the governance structure, if any, of the KCC. Did they consider issues such as public inclusion? Was there any attempt on their part at engaging in public consultation with community members who are not part of the Kgetlengrivier Concerned Citizens group? Allowing unelected citizens to take over public services might happen again, and if that happens the stated research might contribute to a better understanding of the decision making as it pertains to this particular case. To be clear, the problem statement is not the inability of the municipality to render water services, but rather how the KCC is constituted and how this 7 ultimately influenced decision making within the organization. The problem investigated in this research is how private, unelected citizens decided to manage public infrastructure to deliver services to a community. 1.3 Research questions The primary research question for this study is the following: what informed the decision making process of the executive members of the KCC during the time that they administered the water services of the Kgetlengrivier municipality? This question is quite broad, but the aim of the research is to better understand the intricacies and perspectives of human behaviour. The secondary questions are the following : a) Did the members of the KCC have a unified purpose? and b) Was the KCC’s aim to force government to respond, or did they realistically think that they could take over the plants in the long term? 1.4 Research Purpose and objectives This research aims to explore how the KCC, a non-governmental, non-political organisation, made decisions which ultimately impacted the whole community. Seeing as this was the first time in South Africa’s democratic history that a court order of this nature was granted, this is an opportunity to critically explore how this group of private citizens interpreted what service delivery means and how this contributed to their decision making. Within the context of decision making, the objectives of the research are to: 1. identify the forces that influenced the KCC’s decision making process; 2. evaluate the frameworks that supported the executive members of the KCC in making decisions; and 3. explore the views held by the executive members of the KCC as it relates to service delivery. 8 2. Literature Review Water management is perhaps one of the most pressing and complex challenges in South Africa, given the wide array of environmental, socio-economic and political factors. Ensuring access to clean drinking water is paramount and the effective management of water services is essential. This literature report presents recent studies focused on water management, within the South African and international contexts. A Synthesis of the findings elucidates the various themes and complexities that inform water management. The Water Services Act of (1997) provides “for the rights of access to basic water supply and basic sanitation; to provide for the setting of national standard and of norms and standards for tariffs; to provide for water services development plans; to provide a regulatory framework for water services institutions and water services intermediaries…”. The act also states that the various water services authorities have a duty to customer and consumers to ensure “efficient, affordable, economical and sustainable access to water services” (1997). In this context, it becomes crystalized to the point where it is legally and constitutionally incumbent for water authorities to provide South Africans with clean drinking water. What does this look like in practice? Jiménez et al. (2020) argue that the core functions of water governance are planning and preparedness, financing, monitoring and evaluation, regulation and capacity development. Research by Harris (2020) reveals that there is a statistical link between water quality and satisfaction and trust in the South African government. Post-apartheid redress formed part of the water management legislation, with the aim of ensuring access to water for all and not just for some (Sinha & Kumar, 2019). However, research by Lebek et al. (2021) illustrates that despite legislation, more that 3 million South Africans still do not have access to safe drinking water, especially in the rural areas of the country. The spatial legacy of apartheid is very much still a factor with regard to access to water. Research by Yerema et al. (2020) shows that water quality has improved in former white areas, but it has greatly deteriorated in other areas of the country. Research on efficiency in South Africa’s water sector indicates, however, that broadly speaking, South Africa has performed adequately when it comes to the technical efficiencies 9 in the water sector (Brettenny & Sharp, 2016). In other words, there is an adequate amount of technicians, infrastructure and other input measures that would contribute to the adequate output of water services. Between 2002 and 2021, the percentage of households in South Africa that had access to an improved water sources generally increased from 84,4% to 88,7% (Africa, 2022). It is notable however that during this same period there was a decline of 2,2 percentage points in households of the North West province’s access to improved sources of water (Africa, 2022). Research by Zenelabden & Dikgang (2022) reveals that in South Africa the satisfaction of water services is strongly influenced by psychological and behavioural factors, including social comparison and although this would pose challenges to policy makers, the feedback given by citizens will still have value in addressing water service delivery challenges. The purpose of the research is not to delve into the myriad reasons why water service delivery is lacking in many municipalities, but it bears stating that it is legislated and as mentioned, it is on the whole, ostensibly informed by technical efficiencies. Government alluded to this in a report by the National Planning Commission (2020), stating that the legislation is adequate, but implementation falls short. The aim of the Water Services act is clear: in theory, South Africans should have access to safe drinking water, but in practice this is not always the case. Furthermore, water boards play a pivotal role as service providers to municipalities, by managing water supply (Lubout, 2010). Water service reforms, of which there have been in South Africa, also depends on the adequate collection of revenue in the form of rates and taxes, because there are very few alternative sources of funding for the agents providing water services in South Africa (Jensen & Chindarkar, 2019). South Africa is not unique in this sense, as there are many countries grappling with poor service delivery as it relates to the provision of drinking water. Countries in Sub-Saharan Africa have some of the lowest measured levels of access to drinking water in the world (Roche et al., 2017). A study conducted by Estache & Kouassi (2002) looked at a sample of water utilities in 21 African countries and found that only 12,9% of them operated at efficient levels. This is a complex issue in the Sub-Saharan African region, as economic growth does not automatically translate into an increase in access to safe drinking water (Fuente et al., 2020). The Asian continent is another example, as many countries there have, over the past decade experienced high rates of economic growth, but in South Asia specifically, 200 million people do not have access to safe drinking water (Davis, 2004). 10 Many, if not most, municipalities in South Africa could be classified as falling into the “developing” context. Research also suggests that competing interests, such as those of water utility providers, privately owned companies, communities, and government organs, can often play a leading role in either enforcing or blocking reforms and innovation as regards water governance systems (Daniell et al, 2014). As such it is necessary to look at the different role-players and interest groups when conducting research on water governance. A relevant case-study is the peri-urban town of Yangon in Myanmar, where researchers found that a lack of capacity by the local government structures tasked with supplying safe drinking water to residents, contributed to water insecurity (Groot & Bayrak, 2019). So even though officials had every intention to deliver water services, these efforts were hamstrung by capacity constraints. This is a theme that is observed in the South African context as well. As it relates to best practice and lessons of experience, the civil society organisation, Water for Dignity (WfD) in the Makana Local Municipality provides insight into the research problem and questions of this research. According to Weaver et al. (2019), it is vital for members of a community, such as the members of WfD to have access to a space where there can be both physical engagement and virtual spaces to develop skills needed to be involved in the water service delivery processes. Weaver et al. (2017) further posits that there are various limitations standing in the way of people to fully understand complicated systems, which include time and financial resources, and for this reason it is important to focus on the detail needed to ensure adequate decision making. This research will explore whether the members of the KCC had the necessary access to spaces that would have developed skills to better understand water service delivery processes and what was the level of detail needed to inform their decision making. In countries where there is extensive cooperation between government and developmental partners to deliver water services, like Malawi, research indicates that the relationship between government and developmental partners can also contribute to the overall success of service delivery (Soublière & Cloutier, 2015). In this case, researchers noted that the formal authority, which is the government, often comes up against the resources of developmental partners. In Spain, the emergence of rapid urban regeneration had given rise to an increase in public-private partnerships (Carpintero & Petersen, 2016). The question of public participation is also worth expanding on. Public sector reforms have been largely focussed on public participation over the past sixty years (Osborne et al., 2022). In Slovakia for instance, 11 research indicates that in instances where social innovation is achieved, it has largely been a result of third party organisations or citizen involvement (Merickova et al., 2016). This provides context to the focus of this research, because the KCC was in essence a third party organisation consisting of citizens. The social innovation in the instance under review in this research, was the way in which the KCC were ultimately able to legally take over the municipal water delivery services. It is not only countries in the developing world, or Global South that have experienced challenges with water provision. The town of Flint in Michigan in the United States of America did not apply the correct corrosion control when switching to the Flint River as a drinking water source in 2014. This led to a dangerous rise in the levels of lead when samples were taken after ten months (Pieper et al., 2017). Officials of the city of Flint had taken a decision in 2013 to join the Karegnondi Water Authority as a step to potentially save costs and this created situation where the city had to decide whether to treat water from the Flint River, or to purchase treated water from the Detroit Water and Sewage Department (Masten et al., 2016). The decision proved disastrous for the residents of Flint. This case- study serves to illustrate that missteps in the governance and procurement of water resources can have far reaching consequences for communities. Studies also show that the provision of water by the public sector might not necessarily be more efficient than if it was done by the private sector (Rodrigues & Tavares, 2017). This can partly be attributed to a lack of economic competition, but also to the specificity of assets needed to provide water, which might have no other applications. Having said that, the privatisation of water services as had been the case in certain countries, does not guarantee greater efficiency, because there is oftentimes the emergence of a monopoly leaving residents and water users with little to no option to exit (Ohemeng & Grant, 2018). A comparative revision of the costs and benefits or private versus public provision of water is however beyond the remit of this research. The governance of water service delivery is central to the theoretical framework of the research. In Finland, where local government authorities have the biggest say in how utilities are managed, research indicates that political decision making plays a big role in the overall performance of waterworks (Elina Herrala & Jouni Olavi Haapasalo, 2012). Effective governance should be informed by community engagement. A review conducted in the 12 Nigerian city, Abuja, found that in the event where communities are not consulted when it comes to the water sector, there was a noted decline in the quality of water (Abubaker, 2016). The Organisation for Economic Co-operation and Development (OECD) suggests that good water governance policy should furthermore be informed by data (2021). Central to water governance is the fact that water is an economic resource and infrastructure is needed to mobilise water as economic resource (Meissner, 2014). The focus of this research is explicitly the Kgetlengrivier Local Municipality (KLM). The municipality was placed under administration in 2018 (Mercury, 2018) and irate residents set fire to the mayor’s house in that same year (Pretoria News, 2018). This is a municipality where water service delivery has been lacking for quite some time. Mamokhere et al. (2022) argues that the adoption of the Batho Pele principle as the guiding light for service delivery by the South African government in 1997 should form part of the core of each individual entrusted to deliver public service, but it is abundantly clear that this is not always the case. It would be beneficial to review incidents of how respective municipalities dealt with incidents of a similar nature to that of the KLM, but the court order granting the KCC control of the water services of the KLM is unique. This is to say that for the purposes of this research, the KCC cannot simply be viewed as an example of community involvement. According to a report released by the Kgetlengrivier Local Municipality (KLM) in 2017, three settlements consisting of 2130 households had for an unspecified time no water services. (Kgetlengrivier Local Municipality Integrated Development Plan 2017, 2017). The municipality also identified a lack of a strategy to manage water conservation; there was also no budget to perform this function; and there were not enough personnel to perform this function. A study by Moyo (2016) illustrates that a lack of accountability in various municipalities in the North West province has had adverse effects on the ability of the municipalities to deliver services to its residents. A lack of technical skills and competency on the municipal level as well as a lack of performance management on municipal level has also been shown to contribute to poor service delivery (Khale & Worku, 2013). As mentioned, the KCC brought a successful court application to take over the water and waste-water works of the municipality. This process was rather acrimonious as the municipality contested the court order and the municipality accused the KCC of a hostile and 13 illegal take-over of services by “by a handful of white residents” (Kgetlengrivier Local Municipality, 2021). The KCC took over a R144 million water treatment plant that had stood still for months, and restored water to most of the town’s residents within days (Morris, 2021). This raises various questions, as the KCC were not elected officials, they had never been in government and they had never been tasked with any form of public service delivery. The judgement granting the KCC the control of the sewerage plants of the municipality lapsed after a few months, so the research will be focussed and limited to that time. The key analytical lens of the research is, as mentioned earlier, the decision making process of the KCC during the months they had control of the KLM’s water services. With regard to decision making, it is argued that one of the first steps in decision making is to establish whether one is confronted with a problem, a threat or an opportunity. It is also argued that decisions made by a group are superior to those made by individual group members (Management Principles: A Contemporary Edition for Africa, 2016). There is arguably an interesting group dynamic at play when considering the KCC’s takeover of the KLM’s water services that will when analysed through the lens of decision making, hopefully provide interesting insights. Water service delivery and water systems are complex in nature and as argued by Weaver et al. (2017), there are human limitations on comprehending complex systems which makes it necessary to focus on certain details that inform decision making. A study of the failure of water service delivery in the Sekhukune municipality argues that a lack of agency by end-users greatly contributes to such failures (Hofstetter et al., 2020). In the case of the KCC’s takeover of the KLM’s water services, this grouping constituted for a time both end-users and service providers. This is perhaps the clearest example of end-users being given an unprecedented amount of agency and the proposed research will delve deeper into the decision-making process of how this agency was utilised. Landsberg and Graham (2017) argue that the municipal level of government is better suited to responding to the needs of citizens. Even though a municipality is an extension of the state, municipal officials should have a better understanding of the needs of residents because they have been given a mandate by these residents. Municipalities also have independent 14 budgeting and planning cycles and there is a clearly defined process that ultimately informs what gets prioritised (Landsberg & Graham, 2017). This process can sometimes be an arduous one which may hamper service delivery, because if there is, for example, an urgent need to fix infrastructure, a protracted budgeting process can, in some instances, create a situation where the response to an urgent need is delayed. This plays out on two levels, the first being the “bureaucratic level” where decisions are made, and the other is the “ground level”, where these decisions directly affect the lives of citizens. Seeing as South Africa is a developmental with a strong focus on autonomy, this can create a disconnect between the state and its citizens (Karuri-Sebina et al., 2010). Simply put, the state and its organs are viewed as the sole provider of services. This can create an untenable arrangement between power and accountability (Karuri-Sebina et al., 2010). Furthermore, the distribution of power on municipal level does not always provide for adequate consulting between community members and decision makers, resulting in municipalities not responding to the needs of communities (Ngumbela, 2022). Research by Kanjere (2016) has illustrated that a lack of knowledge sharing between municipalities can also contribute to service delivery challenges. This highlights key questions of the proposed research, which include the extent to which the KCC feels that their decision-making process was aided by the fact that they were not subjected to the challenges mentioned above. Or did they feel that the lack of institutional knowledge posed a great challenge to their decision-making process? The cost of water infrastructure and service delivery must form part of any discussion relating to water service delivery. Schulze and Stuart-Hill (2017) state that it has become a problem for citizens, but it also poses great risks to the economy. Despite this, there seems to be little attempt by the government to determine how this is to be resolved. It is clear that the issue of finance, but more specifically financial management, as it relates to the KCC’s decision making will be an area of focus of this proposed qualitative study. This research does not attempt to provide details of how monies were spent by the KCC, but rather what the perceptions were of members of the KCC when it came to certain expenditures relating to water service delivery. It has been argued that the manner in which local government authorities manage finances determine the quality of service delivery (Jitsing, 2019). It would thus be necessary for the research to look at the financial management of the KCC during the time that they took over the stated services. 15 There is an extensive body of research relating to service delivery, municipal management, the challenges of building and maintaining water service delivery and the effects of a lack of water service delivery. This case study provides an opportunity to look at these concepts from a different perspective, perhaps to better understand the challenges of service delivery. The study might contribute to providing a clearer and more detailed picture of what it takes to deliver services, which up to this point has solely been studied from a mandated governmental and municipal perspective. Meissner argues that interest groups play an important role in many political societies and in some instances interest groups can improve water policies. There is also the perception created by the who and the what delivering services. Olubunmi & Oluwaseyi (2019) argues that a change in government or administration sometimes unfairly politicises water service delivery and that efforts should be made to inform residents that the provision of water services should not be dependent on politics. The theoretical framework for this study is thus informed by key concepts that relate to governance. According to the World Bank, governance is in essence the manner in which rulers rule within a set of rules (Public Sector Development - What Is Governance?, n.d.). It has also been argued that governance is central to explaining both economic and social development, thus being viewed as the cause and effect thereof (OECD, 2016). In the context of public governance in South Africa, the “rulers” are the elected officials and the “rules” are the various laws within which they have to “rule” and fulfil their duties, and these “rules” rest upon the constitution. So the manner in which public officials organise themselves and govern can be understood in these terms. The way in which private citizens organise themselves on the other hand, has been greatly debated. In her critique of Mancur Olson’s statement that self-interested individuals will not act in aa way that will further the group’s common interests, Elinor Ostrom (2014) notes that there are many examples where people do in fact further the interests of the group after voluntarily organizing themselves. The KCC is one such group and although they were not “rulers” in the traditional understanding of the term governance, they still coalesced around certain “rules” that the research endeavours to unpack. For the purpose of this research, governance can be narrowed down to water governance specifically. The governance of water has over the past decade largely focussed on scarcity of 16 water as a resource and participation in managing this scarcity (Woodhouse & Muller, 2017). Nelson et al. (2019) argue that the study of water governance should consider how and for whom water is made available and managed. The traditional role of governments in this regard has, however, undergone certain changes, as argued by Akhmouch & Clavreul (2016), leading to a multi-level system where many actors and service providers contribute to the governance of water. The governance of water, as well as various critiques thereof, is oftentimes heavily influenced by value judgements (Schulz et al., 2017). This does not necessarily mean that governance as theoretical framework will solely be informed by value judgements, but it is important to take note of this. Governance can be both a theoretical framework and an analytic tool with which to better understand decision making processes. There have always been differing opinions regarding the best governance and ownership structures of institutions tasked with the delivery of services and the debate has been informed by issues such as the political and institutional development at different times (Herrala & Haapsalo, 2012). This research does not intend to contribute to that particular debate, but it is worth mentioning. It is also important to look at the connection between decision making and governance, because broadly speaking decisions made in the public sector should be informed by the constitution, local legislation and policy decisions amongst other factors. In the case of the KCC, although certainly not above the constitution or local legislation, this research will ask key questions like whether the KCC had a pre-defined mandate. In the public sector, setting clear directives, with clear levels of authority provides a foundation for effectiveness provided employees are aware of their mandate (Agenbag et al., 2022). The theoretical framework of this research is also informed by decision making. Personal biases can affect complex decision making in a variety of ways, ranging from recency and primacy biases (Lange et al., 2021). Talluri et al. (2018) found that the mere act of deciding on a specific course of action greatly influences the subsequent judgement and decision making. This research will explore how the decision making by the members of the KCC was influenced by them simply deciding to attempt to take over the water service delivery of the municipality. 17 3. Methodology and field work As the research is informed by past events, the epistemological approach is that of an interpretivist approach. This approach was best suited because the research seeks to explore the meaning and value certain people ascribed to various factors which would have according to them been important considerations when making decisions. During the interviews conducted, the answers were interpreted and assigned to theoretic links. As stated by Avenier & Thomas (2015) interpretivism has its ontological grounding in constructed realities which are not necessarily informed by natural laws and when meanings are agreed upon in a social context, this constitutes the objective and intersubjective reality. There are those that hold the view that interpretivism replaces concepts like objectivity and rationality with concepts such as ‘meanings’ and ‘motivations’ (Laurie & Sullivan, 1991). This approach does however allow for a full understanding of how human beings, as actors with agency, arrive at certain points. The primary data source of the research are extensive, in-depth interviews conducted with the four executive members of the KCC over a period of four months in 2022. Given the central themes that informs the research, a case study design is justified because it is a study of a particular phenomenon, which as stated by Hancock and Algozzine (2017) in reference to case study research design, took place at a specific space and time. As it relates to data collection, observations was not be possible as this is a retrospective study. Emphasis is placed on key informant interviews, document analysis of communication between members of the KCC and the communication of their decisions to the broader community. As this study is qualitative in nature, this is important because the way in which decisions were communicated, or not communicated also provides insights into the decision-making process. The interviews were semi-structured in nature, as this allowed for follow-up questions. This was the primary research method. Telephonic interviews were conducted based on participant preference and the interviews lasted approximately 60 to 90 minutes. Interviews were audio- recorded with the consent of the participants and notes were also taken to capture non-verbal observations. The audio recordings were transcribed verbatim, to ensure accuracy and data completeness. Questions were sequenced to allow for a rich discussion and conversation. Given that the research is interpretivist in nature, the researcher’s own situatedness was stated and this allowed for the interviews to be hermeneutic. This tool set the scene for the researcher to ask questions that were challenging and perhaps difficult, because the interview 18 can go from questions and answers format to a dialogue (Flick, 2018). The quality of the research is improved by a Hermeneutical approach (Yeo, 2017), one where challenging and probing questions were asked, placing a measure of pressure on the interviewees to explain and justify how and why decisions were made. Objective Hermeneutics is utilized to distinguish between structures of meaning and to reconstruct the decision patterns of individuals (Wagner, 2010). Objective Hermeneutics places an emphasis on context and although the historical focus has been on text, it is argued that by utilising this approach when reading and re-reading transcripts of interviews, the researchers is able to better establish what the thoughts, desires and aspirations of the interviewees were (Borim-de-Souza et al., 2020). It is also useful in making the most of a relatively small number of interviews with people in charge of formulating and or implementing policy (Mann et al., 2009). This aligns with the research question of seeking to find out what informed the decision making process of the KCC. The study is, as mentioned, quite specific in nature and as such a probability sampling strategy was employed. This was done in order to ensure information-rich cases which provides illumination to the questions asked in this research (Khalil et al., 2017). The possible sample size of the KCC executive only consists of four members, therefore it is argued that by interviewing every member of the executive it provides the most comprehensive perspective as it relates to the research objective. This also means that the sampling strategy was purposive, because respondents were chosen according to a set of criteria that needed to be adhered to in order to meet the objectives of the study (Andrade, 2020). This sampling strategy allowed the research to focus on specific aspects withing the population of the KCC executive (Bullard, 2020) as it relates to the decision making process. The KCC has no formal leadership structure, so although the four executive members interviewed for this research were the only members bestowed with decision making powers, they were not formally selected or elected. There members were member A, one of the founding members of the KCC, member B, the legal representative of the KCC, member C, the technical advisor of the KCC and member D, the member representing Swartruggens. (Members A and B represented Koster and Derby. The initial name of the KCC was KDS, which stands for Koster, Swartruggens and Derby). These members all reside in the Kgetlengrivier municipality, and given logistical constraints it was not possible to conduct the interviews in person. The interviews were conducted during extensive phone and Zoom- 19 calls. The interviews were semi-structured, but they were very much focussed. It was made clear that the focus of the research is the decision making process that the group followed, but the semi-structured approach taken to interviewing the members, allowed for a measure of spontaneity that illuminated various supporting themes, such as how the different members ultimately defined key concepts. The research approach is also structured in a narrative way, where context is created by selective coding, ultimately resulting in a “story” or “story line”. (Ruppel, 2015). The patterns identified can be categorized as follows: what, who, how, where and why. For source material, journal articles, books and newspaper articles were utilised. With regard to validity and reliability, it has been argued that qualitative research can fall short of meeting validity and reliability threshold (Healy & Perry, 2000). This can be countered by employing a strategy of reflexivity. The researcher reflected on their own beliefs, values, knowledge and biases in order to ensure the trustworthiness of the research (Berger, 2015). The researcher’s subjectivity and is acknowledged and addressed. Despite planning, the research did encounter various challenges. Due to participant preference and logistical challenges, it was not possible to conduct the interviews in person. Data derived from interviews are subjective and can be influenced by factors such as the participants feeling they need to say what the researcher wants to hear. Care was taken in ensuring that leading questions were not asked, but social desirability bias should be acknowledged. Generalization of the findings is also limited, as they may not be applicable to other contexts. 4. Analysis of findings 20 This chapter presents a comprehensive analysis of the findings obtained from the study of the the role of the KCC in the administration of water services. By carefully examining the data gathered from interviews, the aim is to find the patterns and implications surrounding the role of the KCC in the administration of water services as it relates to decision making, governance and management of water services. Transcription is a very important method of analysing qualitative data and given cultural biases, the interpretation of the readings of the transcripts can vary (Parameswaran, 2020). The primary focus of the research are the different experiences of individuals and as such a case study of each member interviewed is appropriate (Reviews & Cram101 Incorporated, 2013). Prior to the description and analysis of the results of the main case study, it is necessary to provide a breakdown of the members of the KCC. Member A is a 67 year old white Afrikaans speaking male, residing in Koster in the North West. He runs a small business in town and has been involved in politics during his lifetime, having served as a councillor in ward 21, Witpoortjie in Roodepoort in Gauteng for the erstwhile Konserwatiewe Party (Conservative Party). He has lived in Koster since 2016. Prior to that he farmed cattle between Koster and Swartruggens. He is the director of the KCC and has described the organisation as an informal grouping. Prior to the court order under review for this research, he has been involved in litigation with the Kgetlengrivier municipality regarding mostly the provision of water. In 2016 he and the KCC was granted an order that forced the municipality to provide water to residents. In 2018 magistrate Herman van Wyk granted an order allowing the local ratepayer’s association to take control of the Kgetlengrivier municipality’s water and refuse system (Potter, 2021). In January of 2019 municipal workers embarked on a strike, resulting in water being cut off from residents for several days. He again approached the court on behalf of the KCC, this time he was granted an order allowing the KCC to run the water works for a month. In December of 2020 however the situation had become extremely dire, according to him, with water being cut off for days on end. He decided to explore the possibility of approaching the court for an order allowing the KCC to run the water works of the municipality for an indefinite amount of time. Member B is a 33 year old white Afrikaans speaking male and resident of Koster. He is a lawyer and the official legal representative of the KCC. He has a legal practice in town. Member C is a 54 year old white Afrikaans speaking male and resident of Koster. He has lived in Koster his whole life. He does not have an official tertiary qualification, but he runs a 21 large machine building business in town with his wife. He was not a member of KCC prior to the court order under review in this research. He made himself available to provide technical advice and support following the granting of the court order and because the order was granted to the KCC he was legally obliged to become a member of the KCC. Member D is a 59 year old white Afrikaans speaking male and resident of Swartruggens, a town that falls under the Kgetlengrivier-municipality. He had various farming operations in and around Swartruggens and is very dependent on the Swartruggens dam and Eland river for irrigation. He is not a director of KCC, but has been a member since its inception. Having provided a case study of each member, it should be noted that the above is not an attempt to explain the KCC as an organization, but to place research in context. The four executive members of the KCC share a frustration with a lack of service delivery, especially water service delivery in their towns. The fox terrier and the car: the initial agreement between members of the KCC Prior to the court order being granted, the KCC did not have a clear plan on how decision making would be approached. It was important for member A and member B to approach the court for an order that would allow the KCC to take over the water and sewerage system of the municipality. They both reiterated the importance of ensuring that the process is protected by law, so that residents of the municipality would not accuse them of usurping powers that do not belong to them. According to member A and member B, they had the necessary structures in place to administer the water and sewerage systems in the event of their application being granted. Member C contradicted this, stating that for the KCC the court order was like the proverbial dog chasing a car and that the moment the dog caught the car, it did not know what to do with it. “It was like a fox terrier chasing a car but then not knowing what to do with the car once it caught the car,” explained member C.. This is how member C described the first few days following the order being granted. According to member C, member A and B had procured the technical services of two men from out of town who made it clear that they would assist in technical services, but only within office hours. Member C, given his background in designing and manufacturing machines, offered his services and it was at this juncture that he officially joined the KCC as only members of the KCC were legally allowed to take part in the administration of the water services. One of the first things the KCC did was to create a WhatsApp-group where members could communicate with each other. Member B stated that each members had a clear understanding of what was expected 22 of them. At this stage all of the executive members viewed the court order as an opportunity and not a threat or a problem. This later changed however. Money, money, money: How did the KCC’s finances influence decision making? A sensitive topic of discussion among the executive members of the KCC, was money. The KCC did not have the capital means for big expenditures and as established by member C, many of the pumps and related infrastructure needed to be replaced or repaired. Member C offered to provide a substantial amount of money to fix the broken and damaged pumps and to hire generators to power the pumps. Member C agreed to provide R2,5 million upfront. It should be noted that the full amount spent by the KCC came to R7,5 million and the court later ordered the provincial government to reimburse the KCC for these expenses (Municipal IQ: Municipal Data and Intelligence, n.d). This amount is disputed, because according to member A, a total of R18 million was spent. According to member C, his initial provision of R2,5 million made it possible for work on the water treatment plants to begin. During interviews with member C, he expressed that money is a shitty thing (’n kak ding), he knows what it is to have money and what it is to not have money and so it would have made no difference to him if he was ultimately not reimbursed for the R2,5 million he put down. Member B however was not forthcoming in providing details of where exactly the KCC funding came from, stating that some of it was donations and some of it was borrowed. Member B says that the KCC made sure that every expense was accounted for and the KCC went to great lengths to ensure that money was not wasted, because at the time the KCC was not sure how long it would take for the municipality to reimburse them. There was an overall appreciation between the executive members of the KCC of the importance of sound financial management. Due the fragmented nature of the KCC’s funding following the court order being granted, it became clear during the interview process that this had a direct bearing on the KCC’s decision making process. Member C expressed the view that he wanted to make sure his R2,5 million was not wasted and as such he made the decisions on how that money was spent. “I did not want them to pee away the money,” he said. Member C was thus reluctant to take orders from anyone in the KCC. Member A and B put it more diplomatically, stating that there was an understanding among the executive members of the KCC that they would not meddle in each other’s’ work. In the early days of the KCC administering the water services of the municipality, there was a sense amongst the executive members of the KCC that they were doing important work. A derelict treatment plant that 23 was built for R144 million was rendered operational and within days the municipality was provided with clean water and clean sewage effluent was released. Financial resource management is a crucial aspect underlying other aspects within an organization ensuring the stability of what an organization sets out to do (Tretyak et al., 2021). The culture of the KCC When asked to describe the governance culture of the KCC, member C stated that it was like a jelly fish. “There was no official management, we met once or twice, that was it.” Member B described it as being independent in the sense that each member focussed on their respective tasks and therefore it was not necessary to have a chain of command. Hald et al. (2021) argues that the culture of an organization is oftentimes a contributing factor to institutional failure. The sentiment expressed by two of the executive members of the KCC in relation the culture of the organization, was pointedly negative. As mentioned above, member B described the culture in terms of the assignment of tasks to each member and member B described the organizational culture as a “fairy-tale”, where everything went smoothly. According to Geiger et al. (2009), narratives regarding organizational culture can create blind spots. It is clear that the members of the KCC had very strong narratives, albeit differing narratives regarding the organizational culture and this invariably created blind spots for the organization. There was also a clear difference of opinion regarding who the power holders were during the time that the KCC administered the water services. As stated by Pang et al., (2021;2022), power holders within an organisation greatly contributes to the enhancement of communal interests and building an atmosphere that is harmonious. It stands to reason that if there are no clear power holders, then the chances of the organisation’s atmosphere being harmonious, is slim. According to Davis & Cates (2018), members of an organisation are often not aware of what defines the culture of the organisation until it is challenged. According to member A, the biggest challenge that faced the KCC was the effort it took to provide water to the municipality within the timeframe stipulated by the court order. Member C stated that he and his team worked around the clock, sometimes driving out to pumpstations after midnight to manually start the pumps and related machinery. Member C and his team worked on their own and they did not ask for guidance and permission to do the work they deemed necessary. At this point, the members of the KCC were not meeting regularly, each member was busy doing their own thing. Visual elements like photographs are often used in qualitative research 24 and can form part of the process off meaning making (Ebrahimpour & Esmaeili, 2018). The following photographs were provided by member C as a means to, as he put it, illustrate the work him and his team had done when the KCC had initially taken over the water services of the municipality. Cleland & Macleod (2021) argue that photographs illuminate what was happening at a particular time and in this way photography can convey meaning across time. Picture 1: Damaged wall of water treatment plant in Koster before the KCC take over services. 25 Picture 2: Repairs being done by member C of the KCC and his team to the water treatment plant in Koster. 26 Picture 3: Repairs being done by member C of the KCC and his team to the water treatment plant in Koster. 27 Picture 4: Repairs being done by member C of the KCC and his team to the water treatment plant in Koster. Picture 5: Progress of repairs being done by member C of the KCC and his team to the water treatment plant in Koster. 28 Picture 6: Member C and his team. Picture 7: Member C and his team. 29 Picture 8: Following repairs done by the KCC, the water treatment plant was fully functional. 30 Picture 9: Water flowing to the water treatment plant in Koster. 31 A Partnership is a sinking ship: the breakdown in co-operation According to members A and B, the KCC had never intended to administer the water services on a permanent basis. Member D, who was the KCC representative for Swartruggens, stated during interviews that he viewed the court order as an opportunity for the citizens of the municipality to take over the water works for good, stating that he had experienced too many service delivery failures during his lifetime. Member B stated that the aim of the court application was accountability, but for members C and D the aim was to keep the services in the hands of the citizens. Member D also expressed concern in how member A represented the group in the media following widespread media attention. As director of the KCC, it was decided among the executive members that member A would do most of the media interviews. According to member D, this became a problem. “For him (member A) it was suddenly about me, me me,” said member D. . The KCC was also approached by the civil rights organisation Afriforum to discuss the possibility of assistance. According to member C, member A and member B had approached Afrifoum and this greatly upset member C and D. A subsidiary of Afriforum, Pionier (a for profit organisation established to assist communities that seek to become more self-governing), had become involved in managing aspects of the KCC. Member C indicated that he felt this was a mistake. Member D then cut ties with the KCC. There was no dispute resolution mechanism within the KCC and the only official channel of communication between members was the group’s WhatsApp-group. The involvement of Pionier had soon becomea source of frustration for member C and member D. Member C stated that Pionier provided some financial assistance, and in turn they had sent multi-media teams to Koster to film the work the KCC had been doing in order to promote their own involvement and according to member C, this was never discussed among the member of the KCC. For member C and D, this had also created the impression that the KCC was only interested in providing services for the white Afrikaans speaking community of Koster, Swartruggens and Derby. “In the rural areas (platteland) where we live, we all need each other and some people want to put us into camps,” said member C. Member C expanded on this, saying that he was uncomfortable with the way member A was representing the group in the media. “He kept saying we were giving the government a bloody nose. You don’t need to say that.” Member C stated that he had become uncomfortable with an impression being created by thee KCC’s involvement of Pionier that it was the white community in town that was “fixing everything”. At this point, member D had ceased his involvement with the KCC. 32 “I told them, if they want to use Pionier then I will withdraw completely,” said member D. An email later sent by the management of Pionier to the members of the KCC indicated that Pionier was not willing to take on the financial risk involved in supporting the KCC in administering the water works of the municipality. The North West High court then granted and order directing the Kgetlengrivier local municipality to appoint an implementing agency to administer the water works. This was preceded by talks between the KCC, the department of Cooperative Governance and Traditional Affairs and the Kgetlengrivier local municipality The MEC for Cooperative Governance Human Settlements and Traditional Affairs, Mmoliki Cwaile, was quoted in the media as as saying she welcomed the decision (South Africa: MEC Mmoloki Cwaile Welcomes Court Ruling on Kgetlengriver, 2021). Member D described the agreement between government and the KCC as a betrayal that served as the nail in the coffin of the KCC’s efforts to improve the provision of water for the residents of the municipality. Member A and member B argued that the KCC never wanted to take over the water services of the municipality on a permanent basis only to intervene, but member C and member D indicated that they were willing to continue their work for an indefinite amount of time. On the 17th of March 2021, the appointed agent Magalies Water, took over the water services from the KCC (Kretzmann, 2022). At this juncture, member C and member D left the KCC. Member D expressed his disappointment by saying that the initial partnership between the four executive members of the KCC, had become a sinking ship. In the local government elections of 2021, member C and member D made themselves available as independent candidates for their respective wards. Both of them stated that they had not thought about getting politically involved during their time with the KCC, but they did concede that it provided them with a certain platform on which they ran their campaigns. The four executive members of the KCC stated that their private involvement in water service delivery was however not a political act or choice. As it relates to communication between members of the KCC and the broader Kgetlengrivier local municipality, member C and member D stated that it was very important to them that decisions be timeously communicated to the community. It was also important for member D that the community support the actions and decisions of the KCC. Member B stated that decisions were communicated via the organisation’s Facebook group. Member C stated that he regularly visited the informal settlement of Reagile, just outside Koster, to communicate to residents what the KCC was doing and why they were doing it. According to member D, there was also an understanding from community members of the challenges experienced by the KCC during the time that they were in charge of the water services, precisely because these challenges were communicated. 33 5. Discussion The purpose of the research was to explore the decision making process of the KCC during the time of their take-over and administration of the water service of the Kgetlengrivier local municipality. The actions of the executive members during this time, had a massive impact on the lives of the citizens of the municipality. The KCC, is a non-political, non- governmental organisation, that took over an aspect of service delivery that is administered by governmental structures. The various water authorities in South Africa, are constitutionally mandated to provide water to the citizens of the country. Despite this, many municipalities in the country are struggling to properly deliver water services to residents, leaving residents angry and frustrated. The KCC is an example of a group of residents who challenged the lack of water services in their municipality in the courts. The KCC were given a court order that had far reaching consequences for the Kgetlengrivier local municipality. The research focussed on the four executive members of the KCC, who were ultimately entrusted to ensure adherence to the court order. The research looked at the question of what informed the decision making process of the executive members of the KCC during the time they administered the water services of the Kgetlengrivier local municipality. This research is important because other communities and non-profit, non-governmental organisations might attempt something similar to what the KCC attempted. Given the state of service delivery in some of South Africa’s municipalities, it is likely that similar attempts might be made to take over certain services. This research is by no means an exhaustive study on the impact of the KCC on the administration of water services, but it does highlight key elements that can contribute to the field of knowledge relating to water services and administration. The key findings of the research illustrates that planning and overall agreement of objectives are essential when attempting a project such as the take-over of water services by a non-governmental organisation. Furthermore, the analysis illustrates that an understanding of the technical requirements of delivering water services is foundational to proper service delivery, regardless of who is administering the services. The KCC had access to the necessary technical expertise through one of their members. The findings also indicate that the decision making process of the executive members of the KCC was informed by past experiences of poort service delivery in the municipality. This speaks to the personalisation of their approach; they did not view themselves as separate entities providing services, they viewed themselves as concerned community members that felt they needed to do something 34 about the state oof water service delivery in their towns. Perhaps the most important element of the KCC’s impact on the administration of water services, is an understanding of the financial management that forms part of service delivery. This was one of the biggest source of disagreement between members of the KCC. Moreover, a lack of consensus regarding the leadership structure of the KCC also arguably contributed to the challenges experienced. The executive members of the KCC had assumed that it would be better for every member to focus on their assigned tasks, but the absence of a chain of command created silos, with members not knowing or understanding what the others was doing. The issue of oversight is also addressed in the research. Given the fact that most of the initial capital was provided by the members, it clearly created a situation where that member, rightly or wrongly, had the final say over certain lines of expenditure. Viewed from a different perspective, this could also have contributed to feeling that the brunt of the financial risk was carried by one individual on the executive team of the KCC, putting undue pressure on a single individual within the organisation. A recurring argument in the research relating to water service delivery is that the end users of water services need to be more involved in ensuring the success of water service delivery. The manner in which the KCC, an organisation ultimately comprising of end users, is but one way for end users to be involved. The introduction later of a different grouping or organisation, in the form of Pionier, was also a bone of contention for two of the members of the KCC, suggesting that there should be consensus regarding the possible utilisation of outside actors. It should be noted that the court order granted to the KCC and the widespread media attention that fell on the municipality as a result, could have created a situation where outside organisations wanted to hitch their proverbial wagons to the KCC. The conclusion that can be drawn from the research is that the members of the KCC did not have a unified foundation on which decision making was based. Although there certainly was a unity of purpose, there was not unity in how this purpose should be executed. A feeling of hopelessness regarding poor service delivery is not a strong enough unifier for a group or organisation that wants to try and make a difference to the lives of their fellow residents. Ratepayer associations that might find common ground with each other and also other organisations representing communities, might have an effect on the political landscape of South Africa. Outsourcing of municipal services might seem like a warranted and oftentimes justifiable route, but it is not without dangers and challenges. One being oversight. As mentioned, the financial situation of the KCC was one with little to no oversight and this 35 should serve as a cautionary warning to other groupings that wish to follow the same route. The efficient use of capital and financial resources as a whole is an important factor in the successful delivery of services. The case of the KCC has served as an example for other organisations, like the Mafube Business Forum that approached the courts for an order allowing them to run the Mafube Local Municipality (Khumalo, 2022). It is interesting to note that the executive members of the KCC were all of the opinion that they as private citizens would do a much better job at administering the water services of the municipality, but due to the reasons examined above, they ultimately had to relinquish the water services to a state-run managing agent. The findings indicate that a purely private or community driven approach to the administering of water services is not a panacea and great care should be taken by any organisation attempting something similar. Finally, the KCC’s takeover of the water services perhaps fostered a recognition at the community level of what exactly the responsibilities of a municipality is in terms of a standard of water service delivery. 36 6. Conclusion In this research report, the intricacies, challenges and pitfalls of water administration were delved into. Water is essential for life, but it is also a vital resource for socio-economic development. To ensure that water is effectively administered, good governance and management strategies are required. Throughout this research, key themes emerged that shed light on the many aspects that inform water management. These include a difference of perspective in what the best approach to water management should be. Although the case under review in this research could be described as an innovative approach, the findings of this research suggests that innovation does not necessarily lead to improvement. An integrated water management framework is essential, because ultimately good governance, be it private or public, relies on a holistic approach to decision making. In the case of the KCC, a lack of integration as admitted by the members of the executive, was a major stumbling block. Challenges emerge when planning, allocation and decision making are not integrated. The research also indicated the importance of stakeholder engagement. Diversity of interests from various stakeholders, such as the local community, the municipality and the KCC, should be recognised. In the event of various groupings operating in isolation, an opportunity for sustainable collaboration is lost. Without consensus, service delivery challenges cannot be adequately addressed. This research aimed to contribute to the discourse of water management, by offering analysis and insights. In the South African context, community intervention on various levels have become more and more frequent. The study of the role of the KCC in the administration of water services is but one aspect of community intervention. 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Why did the KCC feel this was necessary? 3. What was the extent of consultation with members of the KCC before the court challenge was initiated? 4. Was there a plan for what would be done in the event of the court finding in the KCC’s favor, or was the plan only formulated after the court’s judgement? 5. Why did the KCC feel it was important to bring this specific application before the court? 6. How did the KCC feel about the wording of the judgement? 7. What was the first thing the KCC did after being given control of the water services? 8. Was there agreement between members of the KCC for what needed to be done? 9. What were the biggest challenges in taking over the water services? 10. How did the KCC go about in delegating responsibilities? 11. Was there a central, fundamental guiding principle decided upon when the services were taken over, which would inform decision making? 12. What resources did the KCC have at its disposal (did the KCC have financial resources to render the services instructed to it by the court?) 13. Did the KCC have a chain of command regarding decisions on how resources would be spent/allocated? 14. Was there kind of oversight structure in place regarding the spending of resources? 51 15. What was the plan for dealing with disagreements between members of the KCC? 16. Were there many disagreements between members of the KCC? 17. How would you describe the governance structure of the KCC? 18. How would you describe the decision-making process of the KCC? 19. Would you say that this process was effective during the time of the KCC’s takeover of the water services? 20. What were the biggest impediments to the work of the KCC during the time of the KCC’s takeover of the water services? 21. Did the KCC have a stated goal or outcome that it wished to attain at the outset? 22. How would you describe the KCC’s culture? 23. How did this inform the KCC’s decision making process in the take-over of the water services? 24. Was there a separation of powers within the KCC executive? 25. Did the KCC consult with members of the wider community? 52 CONSENT FORM Name of researcher: Lourensa Eckard I, ……………………………………….., agree to participate in this research project. I agree to the following: (Please circle the relevant options below) The research study was explained to me. I understand what this study is about. YES NO I understand that I can volunteer to take part in the study YES NO I agree that the interview/focus group/other activity may be audio recorded . YES NO I agree that direct quotations from my interview may be used by the researcher in their research report. YES NO I agree that my participation will remain anonymous (my name will not be used by the researcher in their research report. YES NO 53 I agree that other researchers may use the information I provide in my interview (depending on their own ethics clearance being obtained) but my name and any personal information will not be used or passed on YES NO …………………………………… (signature) …………………………………… (name of participant ) …………………………………… (date) …………………………………… (signature) …………………………………… (name of researcher/person seeking consent) …………………………………… (date 54