There must be devolution of Section 14.7 provides
substantive
legislative
and functions of provincial
executive
powers to the metropolitan councils.
provinces and local spheres.
There must be clear principles
that regulate intergovernmental
relations. Amongst other things,
this will guarantee the functional
and geographical integrity of
each sphere
for The constitution gives functions
and to
the
provincial
and
metropolitan councils but there
is no mention of what powers
they have. There are no
legislative and executive powers
mentioned and devolved to the
provinces and metropolitan
councils. In South Africa and
Kenya, these tiers are given full
legislative and executive powers
and
such
powers
are
constitutionally entrenched to
protect them from malicious
amendments. Therefore, the
draft constitution must include
provisions that give legislative
and executive powers to the
provinces
and
the
local
authorities.
Section 14.1 provides for objects Generally section 14.1 can be
of devolution of governmental used to seek the protection of
powers and responsibility.
the independence of the
provincial, metropolitan and
local authorities where such
independence is necessary for
the fulfillment of the objects of
devolution of power or where
interference undermines these
objects of devolution.
Section 14.2 (1) (b) and (c)
provides for general principles
that regulate the relationship
between the provincial and local
government.
By insisting that the provinces
and local government must
exercise only those powers given
by the constitution and must
respect the functional and
geographic integrity of each
other, the constitution has
guaranteed the protection of the
independence
of
local
authorities from interference by
32
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