Where do we need to be? 6 would be a good start.
Arnstein’s Ladder of Participation (1969)
Municipal Torpor in Cape Town [12/21]
Imagine that someone comes into town with the intention of opening a restaurant, surveys the neighbourhoods, and chooses to acquire a property that is not zoned for commercial use, has small amount of space under a questionable “grandfathered” non-conforming use permit to be used only as a shop, not a cafe, and has limited space for tables for patrons.
Would it be prudent to buy the premises for use as a restaurant? No—unless you have no intention of complying with any applicable laws.
Would you want such a restaurant in your neighbourhood? Probably not, and even less so if you knew they were going to impermissibly block sidewalks and even the street with chairs and tables, serve liquor without a license, stay open late enough to disturb adjacent residents with noise and smoke, and otherwise demonstrate a wilful disregard for all applicable laws that shows their distain for the rule of law, for common courtesy, and for the capacity of the municipal government to perform even modest regulatory functions .
That’s not something I would want in my neighbourhood.
But this sort of thing happens all over the Mother City, and the national business licensing law doesn’t even enable the City to shut down violators. That fact alone should elicit some head scratching. You must have a license to serve food to the public, but if you don’t bother to get one, the City is unable (and evidently unwilling) to close you down.
Is this a recent development or the result of an interdict or other glitch? No, this has been the case since the Business Licensing Act was passed—in 1991.
The municipality seems to think that its main role is to request politely that such premises obtain a license but to ignore them if they don’t. They can and sometimes do issue a citation for violation which, when it gets to court six months from now, will lead to a fine so small that you can easily pay it with less cash than the profit from a slow afternoon of slinging pizzas or selling green olives or booze illegally. You can even cheat SARS because the City doesn’t check that.
What can explain such colossal dysfunction? We can only speculate, but ignorance of the law is no excuse. Incompetence is a likely factor, as well as corruption, laziness, misunderstanding of sound public policy, and lack of enforcement capacity, although this last one could fund itself with the proceeds from fines. There are many ways to skin this cat, but no municipal interest in doing so. None.
Whichever cause you pick, it is still astonishing that this state of affairs can continue without causing elected and appointed officials to blush redder than that towering light atop the Sky Hotel that is scorching eyeballs across the City Bowl and beyond.
May we all enjoy a Festive Season filled with beloved local traditions such as impunity and torpor! It’s nice that in times of great change, there are some eternal things we can count on.
Two Excerpts from a 1980 book on urban planning: The Urban Nexus and the State AJ Scott
p, 63
p. 238
An Opportunity Missed
Much time has passed since the last post, which addressed the opportunity the ANC has to change course and stamp out corruption and incompetence. The good news: we’re still here, despite Covid-19 and its effects on jobs and economies all over the world.
The bad news: Not much has changed in the criminal enterprise.
One More Chance
After elections held on May 8, the ANC is still in power in South Africa, despite its disappointing performance over the last quarter-century. This must be its last opportunity to do things better. The President must clean up the massive corruption that is endemic in the party; failure to take that on will have profound adverse consequences on the economy and well-being of all South Africans. The next ninety days will tell the tale: will the country take the steps necessary to grow the pie for everyone or will it slip back into its habitual practices: deploying incompetent managers and employees because of their party position or relationships, stealing anything that isn’t nailed down, and then stealing the nails, and complete impunity for self-dealing and other venal behavior.
New Year, New Challenges
But Nothing New Under the Sun
Culture changes slowly. Managers and leaders learn, but then they backslide. Or different ones come into power and do things they way they know how. Trump, for example. There’s so much improvement in behavior available to us, and the gains in satisfaction and productivity are at our fingertips, just out of reach.
Let’s try something different this year. Being more strategic. More empowering of our folks. Let them make mistakes, and then don’t yell at them, just ask them questions–only questions.
… and be aware when you revert to former habits.
Just that, if done well, is enough to start making things go better.
A Picture is Worth a Thousand Words
Try imagining what a smooth workday would look like. Add in some detail, go slowly, here, even hour by hour or minute by minute in your imaginings.
What difference will that make? You won’t know until you try.
Listening
There’s so much written about this. You may have had your fill.
So then just listen the way you’d like to be listened to; see how that goes.
Why not now?
some wise person
If you want some help doing things differently this year, drop me a line and we can talk a bit. I might be able to help. And even if not, it’s often useful to lay it all out for an impartial outsider, someone with no agenda.
Whither SARS?
As I do the family’s taxes, I find myself wondering if SARS’ desire for additional verification from me will somehow help them nail the many, many members of Parliament who do not declare their business interests or directorships, or will help them bring corrupt politicians like Makwakwa (a SARS deputy) to justice? Their efforts are so misdirected! Pareto! If you don’t know what that means, look it up!
Wisdom from John Adams
The science of government it is my duty to study, more than all other sciences; the arts of legislation and administration and negotiation ought to take the place of, indeed exclude, in a manner, all other arts. I must study politics and war, that our sons may have liberty to study mathematics and philosophy. Our sons ought to study mathematics and philosophy, geography, natural history and naval architecture, navigation, commerce and agriculture in order to give their children a right to study painting, poetry, music, architecture, statuary, tapestry and porcelain.
- Letter to Abigail Adams (12 May 1780)
Caveat Emptor
Although it may be a bit of a non sequitur (that’s the last Latin I’ll use today…), this is an opinion piece about estate agent-provided Offer to Purchase pro forma agreements. If you are planning to purchase some real property, I think you would be well advised NOT TO USE the form that the cheerful Seller’s Agent provides for you to sign. Yes, it’s convenient. Yes, it’s quick. But no, don’t sign it. Not in the USA. Not in South Africa. Not anywhere. Here’s why.
The Seller had hired this agent to show the place and persuade interested prospects to become buyers. The Seller’s Agent does not work for you, and owes you very little in the way of duties. And the few he or she may owe you are more honored in the breach than in the observance, as Hamlet might say.
Seller’s agents put a lot of irrelevant stuff into those contracts that serve their clients and themselves that can perfectly legally be taken out of such agreements. For example, one I read recently provided that if the sale did not go through due to “Purchaser default”, the Purchaser would be liable to the Agent for 7.5% of the purchase price! That is a lot of moolah to forfeit for any reason. And why should the Purchaser ever pay the Seller’s Agent? His or her job is to get you married, not to get you a first date! If the Seller’s Agent can’t broker an agreeable deal, then there’s a problem somewhere, perhaps in the Seller’s price or the condition of the property. Take that clause out–it’s not your job to ensure that the Agent has a good year financially–leave that to the person who hired him or her.
Happy to swap real estate horror stories at the drop of a hat, so get in touch. I just wanted to put this out there in the hope that it might save someone from signing something that could be a source of regret later. End of rant.
Food for thought?
Have a look at the Provocative Hypotheses page and see if it doesn’t get your mind working!