putting the 18 th amendment into effect
DESCRIPTION
Putting the 18 th Amendment into effect. Formal implementation Transfer of functions Restructuring institutions/new institutions Ongoing work Maintaining and developing the system Changing mindsets. 1: Formal implementation. Examples R egulation of labour and mine safety - PowerPoint PPT PresentationTRANSCRIPT
Putting the 18th Amendment into effect
1. Formal implementation – Transfer of functions– Restructuring institutions/new institutions
2. Ongoing work – Maintaining and developing the system
3. Changing mindsets
1: Formal implementation
• Examples– Regulation of labour and mine safety– Curriculum, centres of excellence, education
standards– Environment
Formal implementation: ToolsArticle 267A
• By 30 June 2011
• Implementation Commission
• Removal of difficulties
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
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
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
Facilities
• Offices
• Records
• Equipment
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
• 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
BUT• Political pressure for immediate transfer of
powersCOST ?
• Deterioration of existing infrastructure • National government lost confidence in
provincial system• Particular problem with over hasty fiscal
equalization
2: Ongoing work
Need for coordination of exclusively provincial matters
Need to deal with overlap between federal and provincial matters
• Environment – doesn’t respect boundaries
• Duties in respect of succession to property (removed from Federal Legislative List)
• External affairs – may overlap with provincial matters
• Interprovincial matters and coordinationFederal 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
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?
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
Provinces
Institutions and their operation
Increased budget and deletion of concurrent listmeans – • Increased functions and responsibilities • Shift to planning development • Realism about what can be done
Judiciary
• Understand the need for cooperation in Federations– Competitive– Cooperative– Combination
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
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
What can be done to change mindset?
• Vision of what is possible– Offered new ways of doing things
• Citizen expectations
• Teaching