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Devolution of Power


Power is vested in the parliament. It can appoint and remove the president. It can make, change or repeal laws. However, it cannot make laws that are outside the constitution. If it did that, the Constitutional Court can declare the law unconstitutional and thus void. With a 66% vote parliament can change the constitution.

Some power is devolved to the Provinces. These powers are generally not described in detail in the constitution, only the provisions under which parliament grants them powers. The constitution does give the provinces power in the National Council of Provinces. This is the equivalent to the Senate in Chile. Each province has 10 representatives, including the premier minister of the province.

Provinces do have some taxation roles which is more in line with a federal system than a unitary system. They also have the power to oversee the municipalities in their provinces and even to suspend a municipality when they are not acting in the best interests of the people.

Provinces are responsible for major infrastructure like roads and dams. The central government may be asked to assist in major projects but that is rarely done unless there is an emergency.

The provinces are responsible for implementing national policies regarding education. The provisions are not spelt out in the constitution  but is defined by legislation. 

Municipalities are responsible for the day to day operations in towns and cities. These include rubbish removal, water supply, and sanitation. Bigger towns may have preventative medical centres. South Africa has a 25% + HIV (SIDA) infection rate and as many as 30% of the population lives in poverty. Preventing diseases such as TB is a huge struggle. On top of that the level of education is low and the level of superstition is high. (I know quite a lot about these issues as my father was the Chief Medical Officer in a mid-size city for his last 15 years).

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