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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