South Africa: Constitutional Assembly Resources Support SAFLII

You are here:  SAFLII >> Databases >> South Africa: Constitutional Assembly Resources >> 1994 >> [1994] ZAConAsmRes 79

| Noteup | LawCite

Citizen Contribution: O Bothma [1994] ZAConAsmRes 79 (27 December 1994)

 

27/12/94

The new constitution is now being written and I feel that following elements, for both the central government and the provinces, should be taken into account.

Central governments should greatly leave governing to other levels such as provinces and municipalities and concentrate on the higher spectrum ofgoveming of the country.

It is by no accident that the most succesful countries in our world follow the above policy, examples ofwhich are Malaysia, America, Germany and Switzerland.

1. THE CENTRAL, GOVERNMENT

  1. The President is to be elected by popular franchise but all votes must be registered on a common voters roll (no ID-cards or voters-cards must be allowed).

  1. The elected President chooses his own Cabinet (Ministers).

  1. The two vice-presidents are to be chosen from the largest parties that took part in the

election ( winning more than I 0% ofthe votes).

  1. The Deputy-Ministers are chosen as in C in proportion to the total percentage ofthe votes cast.

  1. 'Re size ofparlement must not be greater than the Ministers and Deputy-Ministers to which

functions are allocated and also in the same way, reduce the size ofthe central public servants body because a large proportion ofthe functions will fall under the Provincial powers. (In this way parlement costs can be reduced drastically and money so saved can be allocated to the RDP).

1.1. FUNCTIONS OF THE CENTRAL GOVERNMENT

  1. The State-President's Office
  2. The Department of Finance
  1. The Department of Foreign Affairs
  1. The Department of Defense
  2. The Department of State Police
  1. The Department of Energy and Science Affairs (electricity generation and transmission, . 'mining, fuel)
  1. The Department of Internal AfFairs
  2. The Department of Justice
  3. The Department of Education

(universties and technikons)

  1. The Department ofhealth and Welfare (university- and other hospitals)
  2. The Department of Sport
  1. The Department ofagriculture (including state dams)
  1. fhe Department of Transport (national roads, rail and state airports)


2. THE SECOND HOUSE OF STATE MINISTERS
All provinces are required to send delegates to this Second House as advisors to the State President.


.THE PROVINCES (STATES)
There must be three levels of independence for Provinces (states) such as 3.1. PROVINCE A
Excluding Central Government functions, all other functions of Government, in their area, are under the control of this province.

Province A must have the ability to govern itself and be in such a financial position so as not to rely on the Central Government for finances in normal circumstances.

Province A will collect their own taxes and the money, so collected, will be used to finance the functions allocated to the province.

The collection ofVAT by this province must be payed over to the Central Government.

Electricity will be purchased by the province in bulk from ESKOM transmission network (40OKV) and redistributedm, by the province, throughout the province.

3.1.2. FUNCTIONS OF PROVINCE A

  1. All Municipal Functions (including finances)
  2. Provincial Finances
  1. Provincial Education (Primary and secondary schools, technical- and agricultural colleges
  1. Provincial Department of Justice (excluding the appelate division)
  2. Provincial Police
  3. Provincial Water Affairs and roads (excluding state dams and national roads)
  4. Provincial Farming, Forestry, Fishing and Game Reserves
  5. Provincial Airports and Sea Ports (excluding Naval Bases)
  6. Social Welfare and Health
  7. Provincial Sport

k Energy and Transport (Provincial electricity distribution, fuel) 1. Tourism
The election ofpiime Ministers and Ministers of the State win be by means ofpopular vote, cast for a particular party by voters that are registered on that province's municipal voters' roll. The Deputy Ministers must be elected in the same fashion as in the Central Government.

The municipal voters' roll must also be used for electing City and Town Councilors.

3.
3.2. PROVINCE B
This province will be supported fmancially by Central Govemment and it's functions and powers will be that as presently ascribed to provinces.

All taxes, as well as VAT, is to be collected by Central Government agencies.

lie election of Prime Ministers and Ministers will be the same as Province A


3.3. PROVINCE C

The Central Government finances all functions ofthis province and controls the running ofthe province.

The State ]President elects the ~e Minister and Ministers to run this province.
Any powers given to this province will be the perogative ofthe State President.


O. Bothma