Western Cape premier Alan Winde says the DA-controlled provincial government’s bid to have certain powers devolved to it from the national government may end up in the Constitutional Court if intergovernmental processes do not achieve this objective.
The provincial government’s main argument for devolution of powers over for example transport and policing is that the national government is failing to provide these services and that the Western Cape government is well placed to deliver quality services.
While the constitution allows devolution of powers, this can happen only when they are assigned by the executive. So far, the police and transport ministers have refused Western Cape requests for devolution of powers. In any event, the constitution provides that services such as policing are a national competence.
The DA has proposed the Western Cape Provincial Powers Bill in the Western Cape legislature for the devolution and expansion of powers such as policing, public transport, energy (including generation, transmission and reticulation), trade (including international trade) and harbours. The bill was published for public comment and an ad hoc committee established to deal with it. The ANC in the province opposes the bill.
The goal of the bill is to create an overarching framework within which subject-specific provincial legislation, proposed national legislation and requests for the delegation of national competencies will be considered. It mandates the Western Cape government to prepare reports and draft bills to fulfil these objectives.
The bill will create a mechanism for the Western Cape legislature to introduce national legislation in the National Council of Provinces through its delegates.
Addressing Cape Town Press Club members on Friday, Winde said the bill would provide a framework within which the Western Cape government could work towards getting more powers. He was confident that the Constitutional Court would support such a bid if it could be shown that the national government is failing to provide the services.
He conceded that the battle to get powers devolved would not be easy, but said that Gauteng premier Panyaza Lesufi is “a huge ally” and in favour of the devolution of policing and railway powers.
Winde insisted that decisions on policing must be taken at local level. If the Western Cape took over this function it would be driven far more by data and evidence, and it would put in place a much more robust management system. Artificial intelligence would also be used.
With regard to transport, a public transport entity would be created, probably a partnership between the province and the municipalities of Cape Town, Stellenbosch and Drakenstein. This body would then call for private sector operators to run individual railway lines.
The premier said another piece of legislation in the pipeline is the people’s bill which would mark the start of a process of secession.
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