Policy Formulation in the SADC Region Nyasha Chishakwe Centre for Applied Legal Research (CALR)

National Policy Reform Landscape in SADC Countries Policy formulation processes are determined by a country’s policy reform landscape which itself is influenced by: National Legal Systems and Traditions - Civil Law; Common Law; Roman Dutch Political and socio-economic dynamics in national ‘reform context’ and ‘reform arena’

Policy Formulation Processes Generic Standard Process Technical level activities (Identification of gaps and legislative reviews) Mainstreaming the reform in ordinary government business (i.e. Ministerial Buy-in, Consensus, Endorsement) Preparation of policy documents (containing proposed legislative changes) and presentation to Cabinet Submission of policy document to the Ministry of Justice (AG’s Office) for drafting Presentation to Parliament Signing into law by the Head of State/Government

Policy Formulation Processes Reality of Policy Reform in Practice Policy formulation/reform processes are not as linear as they appear from the ‘standard process’ sequence. They are inherently complex - Especially if they are initiated ‘outside’ ordinary government agenda They involve delicate management of the process and use of persuasion approaches at each step of the ‘standard process’

Policy Formulation Processes What Needs to Be Done to Facilitate? A well developed strategy that aims to influence the reform process at each stage of the reform process - Well coordinated stakeholders who speak from the ‘same script’ in persuading the government (i.e. Ministerial Level) as the official driver of the process on the benefits of the proposed reforms - Identify and use institutional and/or individual entry points/’pressure points’ where applied influence can yield high results - Monitoring and Evaluating approaches, mechanisms and techniques used to influence the process

Policy Formulation Processes Last Word Stakeholders (e.g. HaSSP Task Teams) need to appreciate that they are ‘external’ to policy processes, as far as the ‘standard policy formulation process’ is concerned As such they should understand their role as being that of ‘aiding’ or ‘facilitating’ the process This requires stakeholders (i.e. Task Teams) to be adequately prepared for this role through the development and effective implementation of a clear Strategy and Action Plan

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