1 / 21

Putting the 18 th Amendment into effect

Putting the 18 th Amendment into effect. Dr Christina Murray University of Cape Town. Formal implementation Transfer of functions Restructuring institutions/new institutions Ongoing work Maintaining and developing the system Changing mindsets. 1: Formal implementation. Examples

Ava
Télécharger la présentation

Putting the 18 th Amendment into effect

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript


  1. Putting the 18th Amendment into effect Dr Christina Murray University of Cape Town

  2. Formal implementation • Transfer of functions • Restructuring institutions/new institutions • Ongoing work • Maintaining and developing the system • Changing mindsets

  3. 1: Formal implementation • Examples • Regulation of labour and mine safety • Curriculum, centres of excellence, education standards • Environment

  4. Formal implementation: ToolsArticle 267A • By 30 June 2011 • Implementation Commission • Removal of difficulties

  5. Power to remove difficulties • Concern that something in the Amendment doesn’t work – or can’t be implemented immediately as intended • Joint sitting of Parliament – • By resolution • Adapt (refine) provisions • Limited period • Only available for a year

  6. Laws • Federal laws on concurrent matters that give functions to Federal Government: • Laws remain in force • Technically Federal Government no longer has executive power over them • Amendments needed to shift responsibilities to Provinces Options include: • “Agency” agreements between individual provinces and Fed Govt (tax collection?) • Use of Arts 144 and 147 • Provincial assembly gives Parliament power to legislate and administer

  7. Civil Servants • On contracts • With skills • Based in provinces • Transfer of staff to provincial governments • Implication • Slow process for province to redesign civil service and make it its own • Discretionary budget of provinces likely to be small

  8. Facilities • Offices • Records • Equipment

  9. Politics and practicalities South Africa’s experience • National commitment that new Constitution should improve things • Provinces did not have institutions or skills • Wide differences in capacity between provinces

  10. Constitution delayed establishment of new municipalities • Provision for asymmetrical devolution to provinces – • Provinces to demonstrate capacity • National government given obligation to support them and help develop capacity

  11. BUT • Political pressure for immediate transfer of powers COST ? • Deterioration of existing infrastructure • National government lost confidence in provincial system • Particular problem with over hasty fiscal equalization

  12. 2: Ongoing work Need for coordination of exclusively provincial matters Need to deal with overlap between federal and provincial matters

  13. Environment – doesn’t respect boundaries • Duties in respect of succession to property (removed from Federal Legislative List) • External affairs – may overlap with provincial matters

  14. Interprovincial matters and coordination Federal Legislative List Part II (13) • Directions to Provinces – Art 149 • Provinces shall not impede Federal Government’s exercise of executive authority • Fed Govt may give directions

  15. Intergovernmental institutions • Council of Common Interests • Federal ministry OR institution outside Federal government • Meetings of ministers concerned with specific issues? • Provincial environment ministers? • Technical meetings? • Meetings of Chief Ministers?

  16. 3: Mindset Federal • Dismantle various federal institutions • Learn art of joint decision making • NFC • Council of Common Interests • Support provincial governments • Don’t over-extend Interprovincial matters power • Don’t overuse directions under Art 149

  17. Provinces Institutions and their operation Increased budget and deletion of concurrent list means – • Increased functions and responsibilities • Shift to planning development • Realism about what can be done

  18. Judiciary • Understand the need for cooperation in Federations • Competitive • Cooperative • Combination

  19. Examples • Interpretation of ambit of Federal list • Art 157 – electricity - consultation of concerned province • Federal legislative list Part II: Interprovincial matters and cooperation • Narrow (Canadian Peace Order and Good Governance provision) • Broader (South African concern for national standards) • Federal dominance

  20. What should guide courts? • Commitment to federal system – protect devolution of power • Commitment to certain national values – draw from Preamble, Bill of Rights, Principles of Policy

  21. What can be done to change mindset? • Vision of what is possible • Offered new ways of doing things • Citizen expectations • Teaching

More Related