ANC, EFF, Al-Jamaa try to stop public participation in Western Cape Provincial Powers Bill

The Bill aims to decentralise powers by seeking constitutional loopholes, and by asking for them from the ANC. Charterists argue it contradicts the "spirit of unity"

Newsroom

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Newsroom

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January 16, 2024

ANC, EFF, Al-Jamaa try to stop public participation in Western Cape Provincial Powers Bill

In the Western Cape Provincial Parliament, a battle is unfolding over the proposed Western Cape Provincial Powers Bill, with opposition parties vehemently opposing its progress and seeking to halt public hearings.

This bill, introduced by the Democratic Alliance (DA) in May of the previous year, aims to decentralize specific powers to capable provincial and local governments, aligning with the party's commitment to expanding federal autonomy.

However, the opposition, comprising parties such as Al Jama-ah and the Economic Freedom Fighters (EFF), has intensified its objections. Public hearings, scheduled until the end of January 2024, have become a focal point of contention. The DA, undeterred by concerns raised in legal opinions obtained by the provincial legislature, is resolute in its determination to advance the bill.

The opposition's criticism centers on several key issues. Al Jama-ah Member of Provincial Legislature (MPL) Maulana Galil Brinkhuis argues that the DA's call for public participation is a wasteful expenditure, claiming it diverts resources and time from civil society. Brinkhuis emphasizes that legal opinions suggest the bill's subject matter does not fall within the constitutional framework, challenging the DA's actions as an abuse of power. He further calls for the Public Protector to intervene and cancel the public participation program.

Similarly, the EFF, led by Unathi Ntame, accuses the DA of "weaponization" and asserts that the bill contradicts the spirit of unity. Ntame urges society to reject the bill through written and oral submissions during public hearings, portraying the provincial government's actions as a misuse of state resources.

The ANC legislature leader, Cameron Dugmore, contemplates legal action against the DA, considering it a breach of legislative rules. He deems the bill's progression and public hearings as potentially wasteful expenditure, arguing that the legislature's rules have been violated by the DA's refusal to discuss legal opinions.

On the other hand, Isaac Sileku, chairperson of the ad-hoc committee overseeing the bill, rebuts the opposition's claims. He characterizes their attempts to derail the parliamentary process as transparent efforts to stifle public dissatisfaction. Sileku expresses confidence in the bill's necessity to preserve the Western Cape's governance success amid ANC mismanagement at the national level.

As the political tug-of-war intensifies, the future of the Western Cape Provincial Powers Bill remains uncertain.

The DA recently postponed discussion of the Peoples Bill, introduced by Peter Marais of the VF+, which offers a more vigorous legal basis for claiming power - by leveraging the rights granted in the Constitution and in international treaties signed by the current regime, it seeks to achieve the right to autonomous government, aquiring control over essential government departments without the need for ANC permission.

The DA rejected the Bill on the basis that the Western Cape is too heterogeneous to be its own people, and that it would be racist to seek devolved powers if it were homogeneous enough. This was despite the Provincial Constitution designating the Western Cape people as a people already.

Despite the relative toothlessness of the Provincial Powers Bill, it is still seen as a major insult to the ANC's black supremacy project, and will likely be vigorously challenged through extraparliamentary means.

But with a clear legislative majority, and a high degree of internal policing of delegates within the party, the DA is likely to pass the Bill with little obstacle.

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