By Lehlohonolo Lehana.
The Western Cape government is forging ahead with its Provincial Powers Bill, despite two legal opinions raising concerns.
The Bill, tabled this year through the Western Cape’s Standing Committee on Premier and Constitutional Matters, seeks to establish a groundwork for the devolution of five key areas of government to the provincial level. These areas include policing, public transport, energy, trade, and harbours.
DA Western Cape Spokesperson on the Western Cape Provincial Powers Bill, Isaac Sileku, said: “I am pleased that our residents will soon have the opportunity to make their voices heard on this bill, which represents the Western Cape’s best opportunity improve safety and economic wellbeing for our residents. The passage of this bill will go a long way toward bringing decision-making processes closer to our communities, and giving our provincial government the tools it needs to enhance safety, create jobs, and mitigate the energy crisis.”
But given the constitutional design, the province has little room to manoeuvre to achieve this goal, which is why the draft bill largely reads like a policy statement or a declaration of intent, and not like the unlawful power grab it has been described as by some supporters and opponents of the bill.
Thus section 3(1) of the bill lists several areas in which the “Western Cape intends to assert its existing provincial and local powers and/or seek the delegation or assignment of powers”.
Some of the areas identified in the bill (public transport, trade) fall within the concurrent competences shared with the national sphere of government, others (energy, including electricity generation, international harbours, and international trade) deal with areas that fall within the exclusive competence of the national government.
Another matter (policing) deals with matters in which the province is given limited constitutional powers of oversight and monitoring.
The bill is not entirely clear on how the intention expressed in section 3 will be implemented in practice, apart from creating a requirement for the premier to draft regular reports on “the ways in which the National Government has failed to perform its constitutional obligations”, the additional powers required to rectify this, and if appropriate, to “draft provincial legislation, regulations or policies to assert those powers”.