South Africa: Constitutional Assembly Resources

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[1993] ZAConAsmRes 7
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Democratic Party Submission to Theme Committee 3 [1993] ZAConAsmRes 7 (7 June 1993)
Democratic Party Democratic Party: Submission to Theme Committee
3
In a country with three levels of government it is inevitable that tensions
will arise between different governments from time to
time. This in itself is
not unhealthy ‑however, one wants those tensions to be creative, dynamic
and constructive, not negative,
sterile and destructive. Intergovernmental relations are therefore of critical importance. The
promotion of consultation, co-operation and co-ordination between
national and
provincial, provincial and local, and between provincial government themselves
should enjoy a high priority. These relations are generally best left to the development of a network of
voluntary arrangements and mechanisms, although there is
scope for some
constitutional provisions. Evolving voluntary and largely informal arrangements will be most conducive
to the promotion of a culture of mutual respect and co-operation,
and a
tolerance of diversity and experimentation.
These include the Financial and Fiscal Commission, the Commission on
Provincial Government, the Police Board of Commissioners and
the Committee of
the Minister and MEC'S, and the Senate. All of these bodies should in some form be provided for in the new
constitution. The precise role of the Senate is being considered
by Theme
Committee 2, so no further comment is included in this submission. Some form of commission on provincial government should be retained for a
period of 10 years to mediate and, if necessary, adjudicate
disputes between the
national and any provincial government as to whether that province has the
capacity to assume a particular power
or function allocated to provinces in the
constitution. After 10 years all provinces would be entitled to assume all such
powers
and functions. 3. Other Intergovernmental Structures meet at least twice each year, and provision should be made for the Provinces to be empowered to establish 'Inter-Governmental Consultative Councils' to assist in achieving the necessary co- In addition to those mentioned above, there should be a Premier’s Forum or Council, which should operation and agreement between the Provinces on matters of mutual interest. Other structures should evolve and develop from these Councils and from the existing intergovernmental structures which have already come into being. Attempting to constitutionalise these fora, committees and councils is more likely to stifle their development than promote it. One cannot force unwilling people to co-operate without encroaching on their constitutionally prescribed autonomy. In the sections on Provincial Finance, provision should be made to give the provinces the right to be beard by the Finance and Fiscal Commission, and by the national Minister of Finance, before the budget for any year is finalised - but no formal structure need be created to achieve this. Ken Andrew MP 7 June 1995 |