While the national government is unable or unwilling to deliver services to Western Cape citizens, local and provincial authorities are able to correct this, the Democratic Alliance (DA) claims.
Capitalising on these "failures", the DA-run Western Cape government has tabled a bill that "encapsulates" the party's approach to federal autonomy for provinces and metros.
The Western Cape Provincial Powers Bill, tabled in the provincial legislature in May, was unanimously adopted by the party's federal council after being proposed by DA leader John Steenhuisen.
The DA said the object of the bill was to identify and remedy the failures of the national government, through the assertion of the Western Cape's provincial powers, as well as those of local authorities in the province.
It also aimed to assert existing provincial powers in the Western Cape.
Other objectives include:
- Seek actively the assignment or delegation of further powers to the Western Cape in all areas of provincial and local autonomy;
- Mandate the Western Cape government to prepare reports and to draft bills that will assert existing provincial powers, or seek the assignment or delegation of new provincial and local powers;
- Enable the Western Cape legislature to introduce draft national legislation for the delegation or devolution of provincial and local powers in the National Council of Provinces through its delegates.
Within six months of coming into law, the premier would for each of the areas of provincial and local autonomy, table a separate report to address the current powers of the Western Cape government, the national government and, if relevant, of municipalities.
The premier will also outline how the national government failed to perform its constitutional obligations and govern effectively.
Reasons would also need to be given for the additional powers that the Western Cape government, or municipalities, required in order to rectify the national government’s "failures".
The Western Cape intends to assert its existing provincial and local powers, and seek the delegation or assignment of powers in:
- Policing, including but not limited to those powers identified in Schedule 4A of the Constitution;
- Public transport, including municipal public transport;
- Energy, including electricity generation, transmission and reticulation;
- Trade, including international trade;
- Harbours, including national harbours;
- Any other functional area proposed by the premier, the speaker or the provincial powers committee and adopted by resolution of the Western Cape legislature.
A provincial powers committee would be established as a standing committee of the provincial legislature.
It would be composed of 10 members nominated by the parties represented in the legislature and appointed by the speaker.
It is expected that the committee would consider any report filed by the premier, seek comment on the report from the national government, municipalities and any other affected organ of state, as well as invite and consider public comment on the report.
The Cape Independence Advocacy Group (CIAG), which is calling for the Western Cape to secede from South Africa, supports the bill.
Spokesperson Phil Craig said: "The Western Cape people cannot be helpless passengers on somebody else's ship. Both morally and legally, they are entitled to determine their own destiny.
"They have a right to self-determination, a right which South Africa has repeatedly and formally affirmed. The Western Cape Powers Bill will force the Western Cape government to pursue greater autonomy, but it will not on its own deliver it."
Leader of the African National Congress opposition in the legislature, Cameron Dugmore, said: "The DA wants a separate republic of the Western Cape. It is competing with the Freedom Front Plus for rightwing votes in South Africa. Yet the reality is that this Bill will never pass constitutional muster."
DA federal council chairperson Helen Zille said they would be pursuing this objective in all provinces where the DA were in government following the 2024 election.
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