constitutions, such as that of
South Africa.
The constitution must provide Section 17.4 (3) directs that a This may not be enough but it is
for adequate access to resources minimum of 5% of the annual an improvement from the
by
all
the
spheres
of national revenue must be given current status quo.
government.
to the provinces and local
authorities as their share for that
financial year.
To avoid marginalization of any
population group, there must be
constitutional provisions that
require gender balance as well
as representation of minority
•
Through section 9.1 (1)
(b) and (d), the draft compels the
state and all public institutions
including provincial and local
authorities to ensure that
resources are effectively and
efficiently used while services
are
provided
equitably,
impartially, fairly and with no
bias.
•
Through section 17.1 (1)
(d), the state can be compelled
to
be
transparent
and
accountable on how they expend
public resources.
•
National
government
can be compelled to make fair
resource allocation on the basis
of section 17.1 (b) (ii).
•
National
government
may also be directed to make
special provision in resource
allocation
for
traditionally
marginalized groups and areas.
See section 17.1 (b) (iii).
Cumulatively these provisions
create important opportunities
for demanding transparency and
accountability from the national
government on national revenue
allocation. Such opportunities
for demanding transparency and
accountability do not exist in the
current constitutional/legislative
dispensation.
•
Where residents are not
happy with revenue distribution,
they can also use these
provisions, especially 17.1 (b)
(iii), to compel government to
take corrective measures.
Section 2.7 (1) (b) (i) and (ii)
places a duty on the state
to ensure gender balance in
all levels of government.
However, this will be
Through these provisions,
this draft offers vast
opportunities for advocacy
for gender equality at the
various
levels
of
34
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