Western cape constitution amendments

Have your say on the proposed amendments to the Western Cape Constitution

Should you be unsure, please read the summary or live comments, below the form.  Closing date is 11 October 2018.

SUMMARY

  1. To remove the Commissioner for the Environment. This will prevent independent oversight of an Ombudsman structure over decisions impacting the environment at Provincial level.
  2. The provincial government calls for the setting of dates for a Provincial election should the Provincial Government be dissolved. This should be within 90 days after Provincial Parliament was dissolved.
  3. Changes to the Money Bill (way the Province imposes taxes). This will allow the Province to impose additional taxes on the public at Provincial level.
  4. To appoint an Administrator for a municipality if it takes unreasonable action. Appointment of an Administrator gives the Provincial Government the same power as National Government. The exceptional circumstances under which this will happen is not defined.
  5. Provincial Government want the right to impose additional charges/taxes for the citizens of the Province.

3922 active citizens on this campaign, so far.

Have your say now.

Do you support the amendments to the Western Cape Constitution? (see summary below)
Yes I doNo I do notNot fully

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LIVE COMMENT FEED

Displaying newest 5 comments.

Anne
No I do not
NO! NO! NO! I definitely do not support these changes.

We already pay more than enough for everything, no more!

We need transparency as our so called leaders have proven they cannot be trusted, and are corrupt thieves, who have and still are robbing its citizens left, right and centre, this greed has to stop or we will very quickly, become another Zimbabwe.

These suggested changes are not for the better of SA citizens but to push through without objection their selfish corrupt underhanded agendas, including taxing us its citizens to death.

The city does not work for me but to libe its own pockets, eg BS water & electricity levies!


Kim
No I do not
Transparency is key. If we are paying, it is our money, we need to know what is being done with it.
Yolande
No I do not
We are already on our knees financially. Most of the tax we pay now is squandered by our politicians already. Manage what you take from us. Get rid of corruption and there will be way more that enough!
P
No I do not
Lack of transparency from the DA, DA party members are consistently involved in corruption and fraud charges. I simply do not trust the current DA leadership and therefore object to any proposed changes to Western Cape constitution.
Shamiela
No I do not
DA is not transparent , and honest. I still would like to know who their Campaign /Party Sponsors are. They refuse to be open about that as well. Enough additional taxes and tariffs forced on our people. Already wasted and spent millions of our taxes and water tariffs to get rid of De Lille . Spent it to pay Lawyers...disgraceful. DA needs to stop milking the poorest of the poor....the masses to enrich themselves and their Masters. They also need to stop with their racist behavior discrimination, oppression, Unjust behavior, Lies, and Greediness. Only here to use the Masses for Votes by spreading Lies and abuse. Bunch of Thieves, Damn Criminals, Organized Crime I tell you...DA needs to Fall. Enough is Enough.

Amendment of section 15 of Act 1 of 1998
1. Section 15 of the Constitution of the Western Cape, 1997 (the Provincial Constitution), is amended by the substitution for subsection (3) of the following subsection:
‘‘(3) A person loses membership of the Provincial Parliament if that person—
(a) ceases to be eligible;
(b) resigns as a member; [or]
(c) is absent from the Provincial Parliament without permission in circumstances for which the rules and orders of the Provincial Parliament
prescribe loss of membership; or
(d) ceases to be a member of the party that nominated that person as a
member of the Provincial Parliament.’’.
The additional clause is consistent with s47(3)(c) of the Constitution, 1996 which deals with Membership of the National Assembly.

Amendment of section 17 of Act 1 of 1998
2. Section 17 of the Provincial Constitution is amended by the insertion of the
following subsection after subsection (2):
(2) When the Provincial Parliament is dissolved in terms of section 18 or when its term expires, the Premier must, by proclamation, call and set dates for an election, which must be held within 90 days of the date when the Provincial Parliament was dissolved or when its term expired.
‘‘(2A) A proclamation calling and setting dates for an election may be issued
before or after the expiry of the term of the Provincial Parliament.’’.
The true intention of calling and setting dates before or after the expiry of the term must be discussed to determine what the intention of the incumbent may be. On face value it is not obvious to ascertain.

Substitution of section 30 of Act 1 of 1998
3. The following section is substituted for section 30 of the Provincial Constitution:
‘‘Money Bills”
30. (1) A Bill [that] is a money Bill if it—
(a) appropriates money; [or]
(b) imposes provincial taxes, levies, [or] duties or surcharges [is a
money Bill];
(c) abolishes or reduces, or grants exemptions from, any provincial
taxes, levies, duties or surcharges; or
(d) authorises direct charges against the Provincial Revenue Fund.
(2) A money Bill may not deal with any other matter except—
(a) a subordinate matter incidental to the appropriation of money; [or]
(b) the imposition, abolition or reduction of provincial taxes, levies,
[or] duties or surcharges;
(c) the granting of exemption from provincial taxes, levies, duties or
surcharges; or
(d) the authorisation of direct charges against the Provincial Revenue
Fund.
[(2)](3) A provincial Act must provide for a procedure by which the
Provincial Parliament may amend a money Bill.’’.
One can argue that the WC Legislature wants to create a first of its kind “Provincial Taxes” which other citizens of other Provinces are not subject to.

Substitution of section 49 of Act 1 of 1998
4. The following section is substituted for section 49 of the Provincial Constitution:
‘‘[Supervision of] Intervention in local government”
49. (1) When a municipality in the Western Cape cannot or does not fulfil an executive obligation in terms of the national Constitution, this Constitution or legislation, the Provincial Cabinet may intervene by taking any appropriate steps to ensure fulfilment of that obligation,
including—
(a) issuing a directive to the Municipal Council, describing the extent of the failure to fulfil its obligations and stating any steps required to meet its obligations; [and]
(b) assuming responsibility for the relevant obligation in that municipality
To the extent necessary—
(i) to maintain essential national standards or meet established
minimum standards for the rendering of a service;
(ii) to prevent that Municipal Council from taking unreasonable action that is prejudicial to the interests of another municipality or to the Western Cape as a whole; or
(iii) to maintain economic unity; or
(c) dissolving the Municipal Council and appointing an administrator until a newly elected Municipal Council has been declared elected, if exceptional circumstances warrant such a step.
(2) If the Provincial Cabinet intervenes in a municipality under subsection (1)(b)—
[(a) the intervention must end unless it is approved by the national Cabinet member responsible for local government affairs within 14 days of the intervention;
(b)](a) it must submit a written notice of the intervention [must be tabled in] to—
(i) the national Cabinet member responsible for local government affairs;
(ii) the Provincial Parliament; and
(iii) [in] the National Council of Provinces, within 14 days [of their respective first sittings] after the intervention began; and
[(c)](b) the intervention must end [unless it is approved by the National Council of Provinces within 30 days of its first sitting after the intervention began] if—
(i) the national Cabinet member responsible for local government affairs disapproves the intervention within 28 days after the intervention began or by the end of that period has not approved the intervention; or
(ii) the National Council of Provinces disapproves the intervention within 180 days after the intervention began or by the end of that period has not approved the intervention.
(3) If a Municipal Council is dissolved in terms of subsection (1)(c)—
(a) the Provincial Cabinet must immediately submit a written notice of the dissolution to—
(i) the national Cabinet member responsible for local government affairs;
(ii) the Provincial Parliament; and
(iii) the National Council of Provinces; and
(b) the dissolution takes effect 14 days from the date of receipt of the notice by the National Council of Provinces unless set aside by that national Cabinet member or the National Council of Provinces before the expiry of those 14 days.
(4) If a municipality cannot or does not fulfil an obligation in terms of the national Constitution or legislation to approve a budget or any revenue-raising measures necessary to give effect to the budget, the Provincial Cabinet must intervene by taking any appropriate steps to
ensure that the budget or those revenue-raising measures are approved, including dissolving the Municipal Council and—
(a) appointing an administrator until a newly elected Municipal Council has been declared elected; and
(b) approving a temporary budget or revenue-raising measures to provide for the continued functioning of the municipality.
(5) If a municipality, as a result of a crisis in its financial affairs, is in serious or persistent material breach of its obligations to provide basic services or to meet its financial commitments, or admits that it is unable to meet its obligations or financial commitments, the Provincial Cabinet must—
(a) impose a recovery plan aimed at securing the municipality’s ability to meet its obligations to provide basic services or its financial commitments, which—
(i) is to be prepared in accordance with national legislation; and
(ii) binds the municipality in the exercise of its legislative and executive authority, but only to the extent necessary to solve the crisis in its financial affairs; and
(b) dissolve the Municipal Council, if the municipality cannot or does not approve legislative measures, including a budget or any revenue-raising measures, necessary to give effect to the recovery plan, and—
(i) appoint an administrator until a newly elected Municipal Council has been declared elected; and
(ii) approve a temporary budget or revenue-raising measures or any other measures giving effect to the recovery plan to provide for the continued functioning of the municipality.
(6) If the Provincial Cabinet imposes a recovery plan in terms of subsection (5)(a) and the Municipal Council is not dissolved in terms of subsection (5)(b), the Provincial Cabinet must assume responsibility for the implementation of the recovery plan to the extent that the municipality cannot or does not otherwise implement the recovery plan.
(7) If the Provincial Cabinet intervenes in a municipality in terms of subsection (4), (5) or (6), it must submit a written notice of the intervention to—
(a) the national Cabinet member responsible for local government affairs;
(b) the Provincial Parliament; and
(c) the National Council of Provinces, within seven days after the intervention began.’’.
The Appointment of an administrator will give the provincial government the same power as national government which places a department or province under administration, in this case a municipal council’s administration.
Exceptional circumstances are not defined.
Paragraph 2 expanded to give national minister and NCOP more authority over the provincial intervention.

Amendment of section 59 of Act 1 of 1998
5. Section 59 of the Provincial Constitution is amended by the substitution for paragraph (b) of subsection (1) of the following paragraph:
‘‘(b) flat-rate surcharges on [the tax bases of] any tax, levy or duty that is imposed by national legislation, other than [the tax bases of] on corporate income tax, value-added tax, rates on property or customs duties.’’.

Substitution of section 63 of Act 1 of 1998
6. The following section is substituted for section 63 of the Provincial Constitution:
‘‘Loans
63. The Western Cape government may raise loans for capital or current expenditure, in accordance with [conditions determined by] national legislation, but loans for current expenditure[—
(a)] may be raised only when necessary for bridging purposes during a
fiscal year[; and
(b) must be repaid within 12 months].’’.

Repeal of sections 71, 72, 73, 74, 75, 76 and 77 of Act 1 of 1998
7. Sections 71, 72, 73, 74, 75, 76 and 77 of the Provincial Constitution are repealed.
Removal of Commissioner for the Environment to prevent independent oversight of Ombudsman structure.

Substitution of expressions in Act 1 of 1998
8. The Provincial Constitution is amended—
(a) by the substitution for the expression ‘‘President of the Constitutional Court’’, wherever it appears, of the expression ‘‘Chief Justice’’; and
(b) by the substitution in the Xhosa text for the expressions ‘‘kwisi Bhulu’’, ‘‘sisiBhulu’’, ‘‘kwesiBhulu’’ and ‘‘isiBhulu’’, wherever they appear, of the expressions ‘‘kwisiAfrikansi’’, ‘‘sisiAfrikansi’’, ‘‘kwesiAfrikansi’’ and ‘‘isiAfrikansi’’, respectively.

Short title and commencement
9. This Act is called the Constitution of the Western Cape First Amendment Act, 2018.

DOCUMENTS

dearSA - western Cape constitution

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