Public Involvement in Law-Making in the Digital Age: Evaluating Public Participation in the Eastern Cape during the Basic Education Laws Amendment (BELA) Bill Consultations

Abstract

Digitalisation is now an integral part of our lives. Law-making, an arduous and time-consuming process, is not spared its effects. In South Africa, the Constitution obligates law-making bodies to involve the public in the law-making process. The courts, particularly the Constitutional Court, have set the standard for public involvement in the law-making process. As the general public becomes increasingly familiar with technology and digital platforms, law-making bodies must act swiftly to leverage digitalisation to deliver effective, efficient messaging about law-making processes. During the public hearings on the Basic Education Laws Amendment Bill, some rogue elements exploited digitalisation to spread misinformation, and law-making bodies failed to counter it adequately with accurate and reliable information. This article explores the potential of digital spaces and technologies to facilitate public involvement in law-making processes. Data are drawn from two primary sources – observation and a systematic literature review – enabling triangulation to strengthen the study’s credibility. The article argues that law-making bodies need to harness and embrace digitalisation to enhance the constitutional imperative of public involvement in law-making processes.