Federalism in South Africa

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Federalism in South Africa refers to the idea that the national government should be subordinate to the provinces.

Contents

In 1949 the historian Arthur Keppel-Jones wrote Friends or Foes? A point of view and a programme for racial harmony in South Africa, which claimed that devolution into federalist states would promote harmonious relations between the different population groups of South Africa. Several decades later, in 1974, the Mahlabatini Declaration of Faith, which stressed the federal concept, was signed. In 1977 the Progressive Federal Party was started, which advocated power-sharing through a federal constitution. Today, the political parties which advocate a federal system for South Africa, are the Democratic Alliance (the successor of the Progressive Federal Party) and the Inkatha Freedom Party.

Current legislative competence

Concurrent national and provincial legislative competence (Schedule 4 to the Constitution)

Local government matters

  • Air pollution
  • Building regulations
  • Child care facilities
  • Electricity and gas reticulation
  • Firefighting services
  • Local tourism
  • Municipal airports
  • Municipal planning
  • Municipal health services
  • Municipal public transport
  • Municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this Constitution or any other law
  • Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto
  • Stormwater management systems in built-up areas
  • Trading regulations
  • Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems

Exclusive provincial legislative competence (Schedule 5 to the Constitution)

Local government matters

  • Beaches and amusement facilities
  • Billboards and the display of advertisements in public places
  • Cemeteries, funeral parlours and crematoria
  • Cleansing
  • Control of public nuisances
  • Control of undertakings that sell liquor to the public
  • Facilities for the accommodation, care and burial of animals
  • Fencing and fences
  • Licensing of dogs
  • Licensing and control of undertakings that sell food to the public
  • Local amenities
  • Local sport facilities
  • Markets
  • Municipal abattoirs
  • Municipal parks and recreation
  • Municipal roads
  • Noise pollution
  • Pounds
  • Public places
  • Refuse removal, refuse dumps and solid waste disposal
  • Street trading
  • Street lighting
  • Traffic and parking

Further developments

The Democratic Alliance has suggested that certain policing powers should be devolved to the provinces. [2] The African National Congress has repeatedly equated federalism to Apartheid. [3]

References

  1. ↑ Blackmore, Andrew (1 January 2022). "Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks". Law, Democracy and Development. 26: 26–47. doi: 10.17159/2077-4907/2021/ldd.v26.2 . ISSN   2077-4907.
  2. ↑ Mkhwanazi, Siyabonga. "ANC slams DA for holding virtual public hearings on Provincial Powers Bill". www.iol.co.za. Retrieved 19 February 2025.
  3. ↑ Erasmus, Des (4 April 2024). "Federalism is not Apartheid". The Mail & Guardian. Retrieved 19 February 2025.


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