Monthly Archives: July 2024

South Africas federalism rhetoric centres on the Democratic Alliance (DA) and Inkatha Freedom Party (IFP). The DA secured six key ministries and the IFP two, crucial for decentralization efforts. Their challenge lies in devolving power as per constitutional provisions, a test of their commitment beyond rhetoric in the face of upcoming political hurdles.

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By Martin Van Staden*

As far as rhetorical support for federalism is concerned, South Africa has had two main political offerings over the past three decades: the Democratic Alliance (DA) and the Inkatha Freedom Pary (IFP). Both now occupy central government portfolios of relevance to decentralisation will they rise to the occasion?

In Cyril Ramaphosas Cabinet announcement late on the evening of Sunday, 30 June, the DA bagged six posts and the IFP two of which one iscrucial.

On the DAs roster are the portfolios of Agriculture; Basic Education; Communications and Digital Technologies; Forestry, Fisheries, and the Environment; Home Affairs; and Public Works and Infrastructure. It also scored a handful of deputy ministers elsewhere.

The IFP received Cooperative Governance and Traditional Affairs, which also subsumes the Local Government portfolio, and Public Service and Administration.

Read more: Whos who in South Africas new, diverse Cabinet

Section 99 of the Constitution empowers Cabinet members to devolve any power or function that they are to perform in terms of an Act of Parliament to a provincial or municipal executive. Acts of Parliament themselves also often empower the relevant member to delegate their functions to others.

Section 44(1)(iii) of the Constitution, in turn, empowers Parliament to devolve any of its legislative powers (the only, singular exception being the power to amend the Constitution) to provincial or municipal legislatures. Schedules 4 and 5 of the Constitution, which set the defaults of legislative authority, would therefore not be applicable in this respect.

Pursuant to section 73(2) of the Constitution, Cabinet members are usually the ones to introduce new legislation relating to their portfolios in Parliament.

The DA

The DA now presides over six important ministries in which significant executive devolution, in line with section 99 of the Constitution, can begin to take place.

Virtually every regulatory and framework-setting function that these central government ministers possess should ideally be devolved downwards. The ministers will then be in a position to provide coordination, oversight, and support to municipal and provincial authorities where necessary.

One of the primary functions of a minister is to secure funding, and in this respect these ministers could also play an important role to ensure National Treasury sends the relevant funds to the appropriate, more local spheres.

Under no circumstances should these ministers believe that they will bring about sustainable reform with the little time they have in the central sphere. The so-called Government of National Unity isnot likely to last very long. If we ignore the corruption and ideology-related forces that would likely lead to collapse, the 2026 municipal elections and the 2027 African National Congress (ANC) leadership conference alone will prove difficult obstacles to overcome.

Fantasies of progress and prosperity engineered from the top down must be put out of all of these ministers minds. They must instead look to the federalist principles upon which they campaigned.

Read more: Helen Zille: DA wont prop up ANC in Gauteng play fair or were out

The IFP

The IFP now presides over the most important state department for the purpose of devolution and federalisation. Cooperative Governance and Traditional Affairs is the portfolio responsible for the coordination of intergovernmental relations and it is from this portfolio which any devolution or federalisation legislation would ordinarily emanate.

The IFP has more experience being in a coalition with the ANC than the DA, so it is likely that it could retain this post for some time longer than its colleagues.

As the Free Market Foundation (FMF) proposes in itsLiberty First: A policy agenda for South Africas 2024-2029 parliamentary term, there are four legislative frameworks that the new administration should adopt:

Devolutionlegislation that transfers functions currently residing with the central government downwards. This would include policing, labour relations, and select items of economic policy. It could also include aspects of prosecutions and correctional services.

Fiscal relationslegislation that allows provinces and municipalities to retain a greater portion of the revenue that the South African Revenue Service generates within their jurisdictions. Provinces like the Western Cape, Gauteng, and KwaZulu-Natal should expect that most of what SARS collects within their boundaries will remain in the province. Cross-subsidisation between jurisdictions should only occur to the extent that the generating jurisdictions own requirements have largely been satisfied.

Federalisationlegislation that sets out binding guidelines, particularly for the courts, on how to approach disputes about the division of powers between the spheres of government. TheSouth African Constitution is a federal one, but it has been treated as though it were unitary. Proactive legislation setting this right is necessary.

Self-determinationlegislation. Section 235 of the Constitution allows self-defined cultural or linguistic communities to exercise self-determination within a territorial unit in South Africa, but legislation is required to operationalise this right. It would be best to adopt overarching legislation that can be unilaterally invoked by any such community. However, legislation could also be adoptedforevery community in particular. These might include the Zulu community living on Ingonyama Trust land or the Afrikaner cultural community of Orania in the Northern Cape.

In its Public Service and Administration portfolio, the IFP minister should also devolve significant executive responsibilities over the civil service downwards allowing provinces and municipalities more control over central government officers in their jurisdictions in accordance with section 99 of the Constitution.

There are always reasons to do something or not to do something. Ultimately, most things that matter are complicated. But it is precisely for this reason thatvaluesandprinciplesexist: to help one navigate through complexity.

Priming South Africas existing legislative and fiscal framework for substantive federalisation will be hard work, but this is no less true for other things the parties say they will do, like fixing South Africas infrastructure or ensuring better outcomes in basic education. Everything worthwhile is difficult.

Both the IFP and DA have long dedicated themselves not merely to theidea of devolution, but to outright federalismas a desirable form of government. The Constitution has met them halfway and waits with its hand extended. The power lies with the DA and the IFP in these portfolios, so the central government will not allow it is no longer an excuse they can fall back on like they have done for the past 30 years.

Just as they will defer to their ANC colleagues who have control over other portfolios, they would be right to expect deference from the ANC when it comes to matters within DA or IFP portfolios.

Read more: John Matisonn: Gautengs unhappy shotgun marriage between unwilling ANC and betrothed DA

Banish the thought, some might say, however, that the ANC would ever allow any such devolution or federalisation. I am one of those some.

Both the DA and IFPwere warned(andwarned, andwarned, andwarned, andwarned) by myselfand othersto not go into an inequitable coalition with the ANC, where the latter controls the majority of Cabinet posts. This is because, among many reasons, the former would not have enough leverage to pursue whatever reform agenda they might have. (There needs to be compromise always seems to only operate in favour of the ANC.)

Since the 29 May general election, however, both the DA and IFP replied to these warnings with:No, we think we will have enough leverage to pursue our agenda.

Whether or not the ANC will allow devolution or federalisation is an entirely political (not legal or policy) question that the DA and IFP believe they have answered affirmatively.

The FMFs proposals above are purposefully framed taking the constitutionalstatus quointo account. If we believed anythingis possible, we would have recommended significant changes to the Constitution itself. What is proposed is practical.

At this point, it would be a futile exercise to continue second-guessing the DA and IFP from outside government on whether they do or do not have the leverage or pull to bring about real reform.

If you say so, is therefore my response. So here is the roadmap to decentralisation.

The rubber has met the road: It is now that it will be decided whether the DA or IFPs apparent dedication to political decentralisation has been sincere, or merely rhetorical, in the comfort of the opposition, to garner votes.

If not now, then when? Neither the DA nor IFP will ever win an election with an absolute majority in their own right. That has not stopped them from advocating federalism. This can only mean, implicitly, that they would pursue federalism and decentralisation when they have the legal power to do so.

They now do.

Like others, I haveheld the suspicionthat these parties dedication to decentralisation only extends so far as it is nottheywho are required to decentralisetheirpower: They only want decentralisation whenthey will be the beneficiariesof it in provincial and municipal governments but when they are in the central government, they will tend to oppose it.

This is not a dedication to decentralisation, but naked opportunism. They are now within reach of dispelling any such suspicion.

Read also:

*Martin van Staden is the Head of Policy at the Free Market Foundation and former Deputy Head of Policy Research at the Institute of Race Relations (IRR).

This article was originally published by Daily Friend and has been republished with permission.

See the original post:

DA and IFP take key ministries: Time to prove commitment to federalism - Van Staden - BizNews

Federalism has been a hot topic in Nigeria, with many calling for true federalism without fully understanding what it means. True federalism is often used in political discourse to advocate for an ideal balance of power between different levels of government. However, it is not formally defined in academic literature. Advocates refer to it as a perfect balance of power between national and subnational governments, which is more theoretical than practical.

In practice, federalism varies in degrees of centralisation and decentralisation, influenced by historical, political, and economic contexts. This makes true federalism an ideal rather than a realised state. But again, we do not live in an ideal world.

Federalism is not a fixed system; it adapts to the needs of each society. To put it in Feeleys terms, federalism is not a fixed ideology; it adapts to the needs of society. It can take many forms and I hope to give some perspectives here.

There is a form of federalism called dual federalism. This kind of system has clear divisions between national and state governments. Each level of government operates independently. This system ensures clarity and reduces overlap, making it easier to understand which level is responsible for what. However, this clarity can lead to rigidity. For example, if a national issue requires local intervention, dual federalism might struggle to adapt quickly.

Cooperative Federalism is a system that emerged during the Great Depression in the US. It helped respond to the crisis of that period when there was a low government intervention and the absence of a welfare state. This was when the US was accommodating Europeans and Latin Americans from different cultures. It involves collaboration between national and state governments on various issues such as education, transportation, and healthcare. However, this model can create bureaucratic confusion and power struggles between different government levels. It also blurs the lines of responsibility between governments.

Devolution is also a form of federalism classified under Centralised Federalism. It emphasises strong central government control. This is where powers are devolved to regional governments. For example, in the devolved governments of the UK, sectors like agriculture, mining and quarrying, education, health and the environment are devolved to regional governments of Wales, Scotland and Northern Ireland. These devolved authorities are primarily responsible for implementing the national policies.

Similarly, countries like France, Spain and Italy adopt this model where autonomous regions operate. This system can work in Nigeria, where uniform policies and coordinated efforts are applied across the nation. However, it often marginalises local autonomy and can lead to perceptions of over-centralisation, where regions feel they have little control over the affairs of certain issues. In Nigeria, Chieftaincy affairs can be classified under this system.

A system that encourages competition among states to attract businesses and residents will choose Competitive Federalism. The idea is that states will strive to offer better services and lower taxes to appeal to a mobile population. The US saw elements of competitive federalism, particularly during the Nixon administration in the 1970s and 1980s. On the contrary, this system widens inequality in a country. Wealthier states may prosper, while poorer ones struggle to keep up.

Some advocates for resource control have a tunnel vision for Fiscal Federalism. This system revolves around the financial relationships between different levels of government. It involves the distribution of federal funds to states through grants. These can be categorical grants that come with specific conditions attached or block grants that offer more flexibility. Fiscal federalism plays a crucial role in Nigeria, where the revenue-sharing allocation formula remains a contentious issue. But this is an issue for another day.

A relatively recently designed system is the Progressive Federalism. This system allows states to implement their regulations. This system allows states to adopt laws that conform to their culture and tradition, usually different from national standards. This allows for tailored policies that reflect local preferences and needs.

The Obama administration in the United States embraced this model, particularly in areas like environmental regulation. In Nigeria, the experimentation of Sharia Law, Hisbah, and Amotekun in selected states can be attributed to progressive federalism. States were able to experiment with different policies to see what works best. State policing laws will fall under this system.

In the 1980s, Americas Ronald Reagan advocated for New Federalism. His idea was to shift power back to the state governments to promote decentralisation. This was achieved through block grants from the federal government, which reduced federal oversight. The goal was to enhance state autonomy and reduce the federal governments role in local affairs. The idea was appealing for its emphasis on local control.

However, it risked undermining national unity. It promoted more individualism and competition. Of course, this was part of his neoliberal agenda, and the outcome ended with more regional inequalities.

For those advocating for governance reforms, it is important to understand that federalism must adapt to Nigerias unique challenges. There is no one-size-fits-all solution. Federalism must be a living system that responds to the needs of its people.

So, whether we know much about federalism or know too little, our perspective of federalism should be guided by practical knowledge and the law instead of ideological, religious, regional, ethnic or political sentiments.

More:

The faces of federalism: A perspective for advocates - Daily Trust

Martin Van Staden is praised for his advocacy of federalism and home rule in South Africa, as highlighted by the Cape Independence movement. Despite doubts about the DAs commitment beyond economic interests, the movement sees potential in local elections shifting power dynamics, inching towards de facto independence. The vision echoes Olive Schreiners hope for a united, fearless future.

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By BizNews Community Member Chris

Good Morning.

Let me preface this by commending Martin on his ( and the FmF ) continual promotion of Federalism and Home rule ( power to the periphery )

In this regard and as it concerns the Cape Independence movement.

A wonderful opportunity to put the DA on the spot / call their bluff.

However I think that one needs to understand that the DAs prime role and main focus is to provide the political space in which large SA corporates can continue to make money in SA even a semi-functional SA

There will be NO referendum and likely NO attempt to introduce any mention of any form of Federalism !

As the election results of the Referendum party have shown .. When it comes to South Africans standing up and putting themselves on the front-line They are sadly lacking. Too comfortable , too worried about change and disturbing the status-quo.. When push comes to shove research polls and reality are not quite the same thing

See part two of Ayn Rands Atlas Shrugged . People need to be forceds to be free !

HOWEVER

The collapse of Gauteng under Lesufi and the crooks and grifters as well as MK in KZN is going to give added impetus to greater semi-migration to the Western Cape.

IF one studied the 2024 national elections by ward in the Western and Northern Cape.

Read more: Imagine the Western Cape with federalism: Prosperity through autonomy Woode-Smith

One would be able to notice a number of small areas where should support for the DA increase. It would be possible for the DA to command both the complete Western and Northern Cape [ s }. Perhaps together with the FF+.

Should some of this semi-migration be attracted to these marginal spport / voting aras ( and carefully nurtured ) then the displacement of the ANC ( and others ) will happen organicaaly via the workings of Civil society..

With each municiaplity rid of the ANC then independence may well have arrived quietly and surreptitiously.

DeFacto even if not DeJure. Please see the byelection results in the Central Karoo DM..I would suggest that this is a much better path / project than the one on which the CIAG is currently busy. Which really just generates a lot of hot air and achieves little..

Read also:

Continued here:

MAILBOX - DA and IFP must show their dedication to Federalism - BizNews

The Nigeria Police is a primus interpares as regards what the Americans call homeland security. It is established by the law to inter alia maintain the law and order by detecting crimes, apprehending criminals and their subsequent prosecution, see Section 4 of the Police Act 2020. It is so privileged to perform these functions through a decentralised security architectural network across the geopolitical spaces within the country, with divisional offices and outposts spawning the length and breadth of the country, albeit, with insufficient manpower.

Over the years, the police used to be so effective that young children and even the adults of the olden days dread the men in Nigeria Police uniform armed with ordinary baton (kondo). The table has, however, tuned now even with their shakabula guns and the AK 47, nobody fears or accord them recognition. The seal for the law enforcement has even waned, and being substituted with the crave for economic benefits, apparently being faced with the current hard economic reality. Little wonders that the hunter has now become the hunted with proliferation of small arms and light weapons at the disposal of criminal minded individuals in cahoots with the bad elements in uniform. The resultant Hobbesian state is better imagined!

In Nigeria today, the atmosphere is charged and tensed with hues and cries of political gladiators goading the parliamentary moves for the establishment of state police in Nigeria. The tempo is high and the atmosphere is choking with endemic insecurity, primarily of lives and the apocalyptic boldness of its perpetrators with unmistaken clear objectives.

One may ask for the reason behind the hues and cries of political gladiators, and one may also be tempted to state that the people that matter in our country do not feel secured anymore, irrespective of their ever-vigilant security details and their perceived war chests appurtenant to their deep pockets. They probably reason that they need their own policemen, customised for the protection of their ill-gotten empires and political dynasty.

Why is this important? They reasoned that they need protection against the imminent evil of their oppressed subjects whose common wealth is unrepentantly being siphoned into private pockets leaving yawning gaps of immanent contradictions of underdevelopment.

One may then ask; is having a state police in Nigeria a bad idea? This is a big question that daily begs for answers. However, to answer this completely will warrant a deep excursion into the fons et origo (the 1999 Constitution of the Federal Republic of Nigeria). I shall come back to this later.

It is submitted that, having a state police translates into having a somewhat perfection of the Nigerian federal system in which powers and responsibilities typically devolve from the centre to the constituent units, where at least two levels of government coexist constitutionally.

Therefore, the creation of state police amounts to creation of more employment opportunities for the largely unemployable youths and sometimes few privileged political thugs.

This can either amount to positive engagement of criminal minded individuals by taking them off the streets in the short run and preparing them for officially sanctioned criminality in the long run, or a complete transformation of seemingly hopeless individuals to actors in state affairs where the issue of security matters. To this end, the quality of screening in the employment process will play a vital role in the determination of these two sets of policemen recruited.

Some advocates of the creation of the state police may have rightly argued that the recruitment should be locally sourced in which the advantages of native intelligence and uncommon sense of commitment and responsibility will result in nipping crimes in the bud. This is because a policeman who is a native of his station or post will be more willing to prevent crimes in the vicinity than a policeman who is not an indigene of the area.

On the other hand, it is not impossible that such natives are capable of using the mighty powers of being a cop to settle personal, family or communal disputes and vendetta so much so that they might assume the status of an indomitable worthy of worship in their spheres of influence, because the power attributable to having connection to the coercive apparatus of the state is infinite.

By and large, the localisation of recruitment of police personnel have its own challenges, and it can easily be abused. That apart, establishment of state police has its own inherent problems especially with regards to control, organisational structure, remuneration and so on. That being the case, certain questions naturally come to minds like: Would the establishment of state police amount to the enactment of constitutions for each of the federating units in Nigeria, leading to the emergence of a confederal arrangement?

How would the state police be remunerated?Are they to be paid from the unaudited and opaque monthly security votes exclusively accruable to the coffers of the state governors in Nigeria? Are they to be paid by a different arrangement as determined by the predilections of the state governors, or still by the federal government?

It is submitted that where the remunerations flow from the state governors, there is tendency that the state police can be used to muzzle political opponents within their domains, and the opposition parties, thereby capable of turning the state not only into a one-party-state, but also a gestapo fascist dynasty. In other words, state police is likely to be abused to the extent that it may not guarantee the safeguard of security for which it was established.

If not for the love of power! Are the state governors being sincere in this cause, when they are barely able to pay a Thirty-Thousand Naira (N30,000) minimum wage? Are some state governments not paying only a fraction of monthly salaries to their workers or do they liken the setting up of state police to the establishment of nursery and primary schools? It is submitted that the problems inherent in establishing state police are more than the advantages.

This is more so because experience has taught in this country that the governors are the most powerful political bloc under the present political setting in Nigeria. And times without number, they have effectively launched terrible attacks on certain policies and succeeded in killing them.

Examples of these naked powers can be seen in the way they muzzle the functionalities of the local government as a third tier of government and the killing of the constitutional amendment to make the judiciary, the local government and House of Assembly to have fiscal autonomy.

These are instructive of the magic wands at their disposal. To this end, in spite of the unflinching efforts of the Federal Government in ensuring financial discipline and local government autonomy.

This is through the National Financial Intelligence Unit guidelines backed up by the issuance of the Presidential Executive Order 10, refraining the state governors from spending from local government joint accounts, all the governors colluded in frustrating these lofty efforts by arm-twisting the Federal Government through legal battle. To be continued tomorrow. Akingbolu is a Public Affairs Analyst and a Human Rights Activist based in Lagos.

Read more here:

Federalism and the challenges of state police in Nigeria - Guardian Nigeria