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