There must be clear demarcation This is not provided for.
of the
functional areas of
concurrent
and
exclusive
legislative competence.
The constitution must set out This is not provided for.
clear procedure and grounds on
which the national parliament
may intervene to legislate on
functional areas of exclusive
provincial
legislative
competence.
The constitution must set out a This is not provided for.
criteria of resolving conflicts
between national and provincial
legislation as well as those
conflicts
that
involve
municipality by laws.
the provinces. However, a
fundamental error has been
made in that these provisions do
not
bind
the
national
government and therefore, the
local and provincial governments
remain
vulnerable
to
interference by the national
government under the proposed
constitutional dispensation.
Absence of such provisions
create room for intrusion by the
spheres into each other’s space
in so far as law making is
concerned and in the process
undermining
devolution
of
legislative authority. Therefore,
the draft must provide for
schedules of concurrent and
exclusive legislative competence
areas.
This again leaves the sub
national governments vulnerable
to interference by national
government under the guise of
public and national interest.
The draft must provide for these
procedures and grounds as do
other constitutions, such as that
of Kenya.
Absence of this criterion may
lead to several instances of
constitutional crisis in the event
of
clash
of
legislations
promulgated
by
different
spheres. Inevitably it will lead to
cases where the national
government overrides all the
other spheres. This criterion
must be provided for as do other
33
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