Bill a ploy to revive policies of apartheid – ANC

The Western Cape Provincial Powers Bill has been met with fierce criticism from the ANC – with the ruling party labelling the proposed legislation a “backward step for South Africa”.

The Bill – which was introduced in May 2023 and backed by the Democratic Alliance (DA) – aims to devolve certain functions from the national government to provincial and local level.

The legislation articulates the Western Cape government’s desire to affirm its existing provincial and local powers, as well as seeking the delegation or assignment of additional powers in areas including policing, public transport, energy, trade and harbours.

According to the provincial government, the draft law will enable the province to “remedy the failures on which the national government is either unwilling or unable to act” in the best interest of residents.

However, the ANC has opposed the Bill as unconstitutional.

“It is alarming to see that the Western Cape has embraced the ideologies of right-wing factions and has positioned itself as a supporter of the old apartheid regime, which never advocated a unified state or a constitutional state as outlined in the Freedom Charter,” the ruling party said yesterday.

The ANC believes the proposed legislation was “a ploy to revive and reintroduce the discriminatory policies of apartheid”.

Last November, the ad hoc committee on the Western Cape Provincial Powers Bill voted to move forward with a public participation process before the legislation was tabled.

The matter had been put to a vote after committee members failed to reach consensus. This is despite two legal opinions obtained by the provincial legislature raising questions about the Bill’s constitutionality.

Meanwhile, the ANC has highlighted that legal experts have raised concerns about the Bill.

“According to legal advice received, the Bill is in direct violation of the constitution, as the provincial legislature lacks the legislative authority or constitutional mandate to develop, propose and enact such a Bill.

“The Bill lacks any constitutional basis to justify its legislative authority, rendering it illegitimate and invalid.

“Based on these two points alone, it is evident that the conduct of the Western Cape government, and by extension, the Democratic Alliance, not only contradicts the constitution but also undermines its principles,” the party said.