PROVINCIAL GOVERNMENT Pol 2022f

1. PROVINCIAL GOVERNMENTPol 2022f The origins of South Africa�s nine provinces South Africa�s current nine-province dispensation has its origins in the constitutional negotiations that preceded the first post-apartheid elections in April 1994. However, a conception of the current configuration pre-dates the deliberations of the constitutional negotiators. The Development Bank of South Africa (DBSA) had been giving currency to a nine-region configuration since 1982. The configuration was informed by socio-economic development of the previous four provinces.

2. The origins of South Africa�s nine provinces The attention of the participants in the constitutional negotiations of the early 1990s was soon drawn to the DBSA�s model, and it is around this model that a consensus on the regions was reached. By mid-1993, the Negotiating Council�s Commission on the Demarcation of States/Provinces/Regions submitted a precise demarcation of the nine new regions for South Africa and this was adopted in August 1993.

3. The origins of South Africa�s nine provinces The NP saw strong regional government as a check on a central govt. Strong regions would serve to dilute the power of the centre by disseminating it across a number of competing institutional locales. However, SA does not have strong regional powers, but there is room for this in the future.

4. The origins of South Africa�s nine provinces The ANC�s vision differed substantially from that of the NP in that regions should serve not so much to detract from the power of the centre, but should instead augment its capacity to govern. Compromise on the political aspects of regions was finally achieved around the federal model similiar in Germany. Germany showed that all three levels of government could enjoy powers, but that in all major areas these were concurrent or exclusive to the centre.

5. The origins of South Africa�s nine provinces The ANC argued for: ��A South Africa that is unified but not overcentralised. It must have a Constitution which provides for democracy at all levels, popular participation at every level of government, and a distribution of powers and functions at national, regional and local level which will best ensure development and the eradication of inequalities created by apartheid��

6. The powers and functions of provinces The �powers� of provinces refer specificially to the legislative, political and policy responsibilities with which provincial governments are invested by the the Constitution (inter alia, in schedules 4 and 5). The �function� of provinces addresses a much broader notion-it applies to the very reason for the existence of provincial government and its utility in the institutional mechanics of our country.

7. The powers and functions of provinces The constitutional negotiators of the early 1990s were clear from the outset that vast regional disparities and underdevelopment confront South Africa. These disparities are manifest in regional variations in relative wealth, variations in resources or access to resources, developed infrastructure, administrative capacities, and human demographics: population sizes and densities, age profiles,motality rates, education levels, poverty rates and gender divisions. The perspective soon filtered into constitutional negotiations that where regional governments are agreed to, they must be instruments in a framework that is overwhelmingly focused on the reconstruction and development of the nation as a whole.

8. The powers and functions of provinces To this end, provinces were designed as regional entities in a vertical arrrangement of government institutions that each have a particular role to play in the delivery of development iniatives. These initiatives emanate from the centre, while their delivery is entrusted to provinces and local government. The Constitution applies a vertical hierarchy of authority to satisfy this vision.

9. The powers and functions of provinces The national Parliament may pass legislation on any matter, including those matters listed in Schedule 5 subject to the following conditions. Legislation should: Maintain national security Maintain economic unity Maintain essential national standards Establish minimum standards for the rendering of services Prevent provinces taking action that may prejudice another province or the country as a whole.

10. The powers and functions of provinces In the event of a conflict between national and provincial legislation over a matter listed in Schedule 4, the national legislation will prevail over the provincial legislation as long as it satisfies the following conditions: The national legislation deals with a matter that cannot be regulated effectively by a province individually. It deals with an issue that requires uniformity across the nation if it is to be dealt with effectively-this uniformity pertains to norms and standards, frameworks and national policies. The national legislation is necessary for national security, economic unity, the mobility of goods, services, capital and labour, and the promotion of economic activities across provincial boundaries, the promotion of equal opportunity or equal access to government services, and the protection of the environment.

11. The powers and functions of provinces In the event of a province being unable to fulfil its constitutional obligations, national intervention in such a province is provided for. This intervention may take the form of a directive to that province requiring it to meet its obligations, or for national government to actually assume responsibility for this obligation to the extent that is necessary.

12. The Powers and Functions of Provinces The notion was duly imported into the South African negotiations by a group of ANC strategists in 1992. The basis of the new vision was that regions might participate fully in policy formulation, but the powers rest fully with the centre. In March 1993, the ANC issued its document ANC regional policy, which listed 15 functions for regions and introduced the vision that has in broad form remained in existence through to the Constitution.

13. The powers and functions of provinces National intervention in a province might occur in the following sequence: Where non-fulfilment of an executive obligation has been identified, The first approach is likely to be that a departmenttal official or even the responsible Minister communicates with the relevant provincial counterpart; With the aim of addressing the issue of non-compliance.

14. The powers and functions of provinces The matter could be addressed either in bi-lateral meetings or in any of the integovernmental forums. These informal solution-seeking measures occur, of course, in the shadow of Section 100� only if the informal measures fail, or are unlikely to succeed, does the need arise to formalise the process by relying expilicitly on the Section 100 powers. Such a move would then signify a shift from informal coaxing and negotiations to formalised and written directives.

15. The powers and functions of provinces Provincial institutions are, in turn, invested with authority over local government. In the event of a municipality not fulfilling its obligation in terms of legislation the relevant provincial executive may intervene in a similar manner to the intervention accorded to national government over provinces. Criteria similar to those directing national/provincial intervention govern this intervention.

16. The powers and functions of provinces When a municipality cannot or does not fulfil an exeutive obligation in terms of legislation, the relevant provincial executive may intervene either by issuing a directive to the municipal council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations, or by assuming responsibility for the relevant obligation in that municipality to the extent necesarry to:

17. The powers and functions of provinces Maintain essential national standards or meet established minimum standards for the rendering of a service. Prevent that municipal council from taking unreasonable action that is prejudicial to the interests of another municipality or the province as a whole. Maintain economic unity.