President Jacob Zuma has appointed two ministers in The Presidency, but it is unclear whether the jobs they have been given might not require them to act unconstitutionally. Trevor Manual was appointed to head the National Planning Commission while Collins Shabane was appointed to oversee Performance Monitoring and Evaluation as well as Administration in the Presidency. In President Zuma’s announcement he explained these positions as follows:
Following extensive research on international models on how governments in other parts of the world plan and monitor performance, we have decided to establish a National Planning Commission which will be based in the Presidency. The NPC will be responsible for strategic planning for the country to ensure one National Plan to which all spheres of government would adhere. This would enable us to take a more comprehensive view of socio-economic development in the country.
We have also created a monitoring and evaluation competency in the Presidency, to monitor and evaluate the performance of government in all three spheres.
The problem is that we do not have a pure unitary state. Our Constitution explicitly bestows both exclusive and concurrent powers on provincial governments (chapter 6) and Municipalities (chapter 7).
It is true that section 40(2) of the Constitution states that all spheres of government must observe and adhere to the principles of co-operative government, which require the various spheres in all the provinces and municipalities to co-operate with one another in mutual trust and good faith by: fostering friendly relations; assisting and supporting one another; informing one another of, and consulting one another on, matters of common interest; co-ordinating their actions and legislation with one another; adhering to agreed procedures; and avoiding legal proceedings against one another.
It is also true that the Constitution tilts the legislative power decisively in favour of the national parliament by providing provincial legislatures with very few and inconsequential exclusive powers. Moreover, the way the Constitution deals with the most important powers shared by the national and provincial legislatures – such as powers to legislate on housing, health care, police, public transport, trade and welfare services – will almost always allow the national parliament to pass framework legislation to establish uniform norms and standards and national policies.
This means that Helen Zille and her ten man cabinet would seldom be able to formulate and implement their own policies on these important issues and will be bound by the national legislation that sets out the broad policy framework within which they have to operate.
But section 125(2) of the Constitution states very clearly that the Premier exercises the executive authority in a province, together with the other members of the Executive Council, and has the power to implement both the provincial legislation in the province and the national legislation setting out the norms and standards or the broad policy frameworks on the many important issues like housing, health care, social welfare and policing.
This means that a provincial government is firmly in charge of the implementation of policy. It is only where a provincial government cannot or does not fulfill its obligations that the national cabinet may intervene. This can only happen if notice of the intervention is tabled in the National Council of Provinces (NCOP) and if the intervention is to last for more than 30 days must be approved by the NCOP and must be regularly reviewed.
Unless there is a demonstrable failure to implement policies by a provincial executive and the requisite procedure is followed, Minister Manual or Minister Shabane would therefore not be allowed to interfere with the day to day running of a province. If Trevor Manual formulates one national plan to implement housing policy or health care policy (as envisaged in the announcement) and Helen Zille decides this plan is not to her liking, she will be able to ignore that plan.
And Manuel will be powerless to do anything about it unless he can show that the provincial government is not doing its job at all. If the provincial government chooses a different way of implementing the policies set out in national legislation and does so diligently, Manuel can shout blue murder but constitutionally he will be powerless to force Mrs Botox and her cabinet to follow his national plan.
It seems to me for this Planning Commission to work, we will have to amend the Constitution and will have to abolish the provinces or will have to further diminish their powers. I am not sure that is a good idea. Sometimes the national government does not know best. For example, when Thabo Mbeki and Manto Tshabalala-Msimang decided that anti-retrovirals was poison concocted by the CIA to kill black people, the Western Cape and Gauteng provincial governments ignored the rantings and ravings of Dr Beetroot and thus saved the lives of countless South Africans.
As Anthony Butler points out today in Business Day:
This seems like a dangerous, unconstitutional and impractical set of ideas. Would anyone accept this if Manuel was not in charge? What will happen when Manuel departs and this position is given to a minister without his long and impeccable track record? Dangerous institutions should not be justified by the particular individuals who currently occupy them.
In any event, we are going to have some interesting clashes between the Western Cape Government and the National Government if this thing is going to fly at all. Let the games begin.
Clear as mud.
Trevor is now a dud.
This is fairly interesting. On the surface of it, the new structures certainly sound like a good idea, and could probably be quite effective in an ideal world. However, given the heavily adversarial nature of South African politics, coupled with the ANC’s apparent desire to serve and protect it’s own at all costs, it will probably not be as effective as it could / should be.
What worries me slightly more is the somewhat communist model that seems to be underway here – the all-powerful “planning committee” (or whatever you wish to call it) – it’s a throwback to the highly successful USSR and China, where democracy was / is a highly prized commodity (that’s irony, in case anybody missed it).
While I don’t think the concept is a bad idea, I worry that this is moving towards a dominant party faux democracy, as opposed to a multi-party robust democracy. And, if there are constitutional ramifications, it could be an interesting few years for the W. Cape DA-led government and the National ANC-led government. While Trevor Manuel is undoubtedly the darling of business, and one of the few government ministers who actually seem to know what they are doing, PdV makes a good point – what happens when he is replaced by somebody else, say, someone like Dr Beetroot.? The potential for disaster is immense – government would spend more time in court fighting with the DA than it would actually delivering services.
Interesting times…I’m ambivalent about this at the moment, but as things start to take shape, it will be interesting to see what emerges.
Well this is a mouthful. However, Prof, why comment on Botox et al? I mean, you brush your hair, wear the right clothes, fix your teeth, right?, but I digress.
And Zille’s 10 men, please, I’ve been a feminist for 30 years, and I clearly understand who she had to draw from.
Competence and Delivery, that’s her issue. Gawd, they all look like the Board of Directors for Anglo, so what, likely they’ll get the job done. Time enough later for my fellow ladies to serve.
And as Helen stated: “Last time I looked I was a female”.
Still digressing. All this in your post applies to former pre election comments about diminishing Municipal authority, and thus diminishing civil participation , in which Municipalities, we are hopeful, are sincerely in consultation with the public. (I’ve been to lots of those meeting where the Municipal officials want to hear from the community… they are definitely not sincere, they always say: ahh, we don’t have the money for that, or “its not in our program”.) Please, its a joke. And all the people who attend those meetings know it.
Manuel has stated that the IDP approach was good in principle, but simply ‘stinks’, his words, and I agree.
All in all, its still so clear. Only the law and the Constitution it is based upon can insure that service and honest government is actually delivered… eventually. Lets stick to that. And only the law can insist on it to benefit the people, all the people, as the Constitution wisely demands.
Wish us all luck. We count on your advice and continuing courageous blogs.
And as for Helen, I repeat, I didn’t vote for her, but damn, she’s a fighter, and we need her.
I thought we are a unitary state and that the provinces are simply administrative divisions?
It’s not like we’re the US which is a federation. Or were we a federal state and this has changed?
Thabo Mbeki has to be Pierre’s most favorite person.
How else can one explain Pierre’s failure to complete an article without mentioning the great one?
I am starting a Thabo Mbeki appreciators club and I would like to nominate Pierre as the inaugural president. Any seconders!!??
Khosi
You’re a stuck record – and, like Thabo’s, it’s a LP and terribly dull one.
I further nominate Sarah Palin as chairperson. Because if she cannot see that it is Pierre who is a stuck record and thats what I am complaining about, the she is as dull as Pierres stuck record.
Given that Mbeki is one of only three former presidents, the longest in office and the most influential, it would be strange if Pierre didn’t mention him.
I nominate Khosi as lifetime president and chairperson for this TM appreciation club that he is so keen to start. While Pierre’s blogs cover a wide range of topics and mention many SA politicians including but not confined to Mbeki, Khosi only pops up to play his single track, ‘Thabo, my Hero, Thabo, my God’.
I do not understand what is constipating Sarah Palin. If I, Khosi, pops in to defend ‘Thabo, my Hero, Thabo, my God’, it is because ‘Thabo, my Hero, Thabo, my God’ is mentioned in most everyone on Pierres blog and, frankly, it is usually in unflattering untruths. Otherwise I would not have reason to defend ‘Thabo, my Hero, Thabo, my God’ at all.
And if I choose to, as you say, pop in only when ‘Thabo, my Hero, Thabo, my God’ is mentioned, that is because that is my personal area of interest. My choice, not yours. No one has ever prescribed to you what you should comment on, so please spare me the self significance and grandiose scheming.
To simplify it for you, Sarah Palin, the problem here, Sarah Palin, is that people need to excuse themselves from thinking their view on anything is Mark’s gospel, and the views of people like, Khosi, should not matter. Because just as people are trying to mis-write history, people like Khosi will be there to correct the mischief.
Khosi, I am disappointed in you. If you had internalised the views of your hero you would have accused me of spreading “deliberate falsehoods” (which I assume is different from spreading accidental falsehoods, although I am not sure what the difference might be). But this would be difficult as Mbeki’s statements about the CIA and ARV’s are well documented. See for example: http://www.answers.com/topic/thabo-mbeki and http://www.guardian.co.uk/world/2008/sep/23/mbeki.southafrica and http://free.financialmail.co.za/projects/democracy/zzdemg.htm and http://www.journaids.org/politicsofhiv.php and http://www.google.co.za/search?q=Thabo+Mbeki+ARvs+CIA&hl=en&client=firefox-a&rls=org.mozilla:en-US:official&hs=fbR&start=10&sa=N.
Interesting concept this NPC thing. In principle it makes sense, but when you read the small print there are a couple of questions and issues that arises.
Like for instance, if monitoring and planning effectively the Government’s progress and implementation of policy, what the hell is the president doing? Isn’t that his job? Lazy shit!
Bu the issue that I don’t get is, why base it in the Presidency? Why not in parliament whose job it is to oversee the executive?!
This sounds just like more ANC propaganda in their quest to neuter parliament.
Pierre,
Do not be disappointed. Just read more attentitively and you will see that I have not disputed what you said about Mbeki and the CIA, neither did I say what you said about Mbeki and the CIA are ‘deliberate falsehoods’. At least not yet.
What I merely pointed out was that you seem to be failing to complete a post without reference to, as Sarah Palin would say, ‘Thabo, my Hero, Thabo, my God’. I appreciate that you have taken care in pointing me to this ‘evidence’ of Mbeki’s so-called ‘quackery’ on HIV, but its a bit premature – would you not say?!!
If you could confine you disappointment, of me, to what I said and not what you want me to say, before I even say it, I think we could have a conversation that will in good time gravitate to what you want us to argue about. But first, lets deal with your growing failure to produce a blog without taking a dig a ‘Thabo, my Hero, Thabo, my God’ and then we can move to the substantive issues.
Patience, Pierre de Vos, patience.
With this new structure and class monitors, what will really be the job of President JZ and ex-President Kgalema?
It appears a Prime Ministerial role has been created!
Enough already with the TM nonsense.
Khosi, you are sounding like you don’t have an opinion on the article, and that maybe it is all a bit beyond you. Now I know you are a smart guy, and that can’t be the case, so why promote the suggestions????
I have always regarded South Africa as being neither Federal or Unitary, but Asymmetric. Yes the balance of power tips towards National (ABUSED by TM) so the Germans get uppity and assure us that we are not a Federal state, but it is not a “clean” unitary state.
Of course it could just be that JZ doesn’t understand what the spheres of government are. But his speech writer probably would, so perhaps the words were chosen carefully.
Perhaps the ANC forgot that the Western Cape was the last bastion of colonialism?
Whatever, the point is interesting, with a Constitution that envisaged service delivery at the most localised point, thwarted by successive ANC Governments who might have lost the Federalist battle at CODESA but not the unitarist War in Government, is this the last we’ll see of independent provincial Government and Constitutional Amendment is on the cards?
I also disagree with this Prime Minister dialogue that is going on. But I do wonder why the Deputy President is not heading the Planning Commission, as the ANC have always said that the Commission was to be situated in the Presidency.
I’m more concerned about the constitutionality of the New Ministry for Women, Children and Disables ….
Though the Con Court did highlight the plight of vulnerable groups in the Carmichelle Case it how is totally contrary to Section 9 but will be “willed” to pass Limitation Clause scrutiny.
I’ll be waiting for the big changes ………..
Harold Ferwood // May 12, 2009 at 11:34 am
What are you talking about? Have you even read the Constitution? How can you be questioning its Constitutionality?
The noise that men have made over this Ministry should prove to everyone the need for such an entity.
Mbeki had Pahad, is it such a big deal that Zuma has Manuel?
Mpho,
The point here, is that people have a tendency of either being mischievous or losing their heads completely when dealing with TM. And that perversion cannot go unchallenged, lest it becomes the truth.
And I do have an opinion on the article and many others, where I choose to watch the conversation from the sidelines. Simple because it is only when TM is raised that the roguish statements and postulations get going.
But I will have you know that the reason Trevor Manuel is holding that CPS and not the Deputy President is born from what happened last year when Mbeki was dismissed, otherwise Trevor would not be in that cabinet. The then release of the cabinet resignations clear illustrated to any doubter, the indispensability of Manuel in relation to the perception that foreign investors have on us as a country. But this, in itself, is unhealthy for the country. So, in a smart trickery move, the President uses this apparently powerful CPS to show investors that Trevor is still very much part of the power block and also rewards his long time ally Pravin with the Treasury portfolio. Incidentally, Pravin was the first civil servant who issued a statement playing down the aforesaid cabinet resignations – coincidence?? I do not think so.
But the president still had the small matter of pleasing the Kgalema block in the ANC, so out went Mbete and Kgalema got his destined demotion.
So I hope that gets you closer to why the CPS is not under the deputy prez.
So in your opinion the Male sector of our society doesn’t deserve a dedicated ministry? Typical. Instead of dealing with the source of the problem you look at the aftermath …
There would be absolutely no need for Womens, Youth, 16 days of Activism and every other Arbitrary endevour if we made a concerted effort to address the serious deficiencies plaguing us men in this country …
The creation of these wonderfully idealistic but sadly misguided ministry will not diminish the inherent low-esteem in many of our male counterparts that is fundamentally the cause of the scourge of violence, abuse, discrimination and crime the unlike anywhere else in the world ….
Samaita // May 12, 2009 at 10:58 am
“It appears a Prime Ministerial role has been created!”
thats exactly what has been created in essence trevor manual is your prime minister and is in essence running your country. It would appear JZ has become just a figure head.
Manual is head of government
The NPC will be responsible for strategic planning for the country to ensure one National Plan to which all spheres of government would adhere.
Prime minister = The head of government is the chief officer of the executive branch of a government = Trevor Manual
Look i think this NPC is very cool and a good idea my only wish is that the NPC was formed on “Cohabitation” Trevor and someone from the DA this way the ANC doesnt sabotage the countries next biggest oppisition the western cape for its own political revenge
Harold Fernwood, you are batting on a losing wicket on this one for two obvious reasons. First, the appointment of a cabinet is a prerogative of the President (as the appointment of MEC’s is the prerogative of premiers) and this is essentially a POLITICAL power and courts will generally not interfere with the exercise of this power – separation of powers and all that. Second, the CC made it clear that our constitution does not have a formal conception of equality requiring equal treatment of all (see section 9(2)), but requires fairness and sometimes may place a positive duty on the state to take steps to help achieve real equality. The appointment of a Minister for Women will be seen as such a step.
I guess a future in the IPL is not on the cards then …
Mpho // May 12, 2009 at 11:20 am
“I also disagree with this Prime Minister dialogue that is going on.”
How so its not entirly of the mark. think about whats the main role of a prime minister?
A prime minister is the presidents primary lieutenant (Trevor Manual) and is tasked to implement Zuma’s policies and policy-making through the bureaucracy.
@Pierre whats your thoughts on Jeff Radebe being the new Jusice Minister?
Defamation?
http://www.politicsweb.co.za/politicsweb/view/politicsweb/en/page71654?oid=128522&sn=Detail
I thought TM was the infamous serial adulterer?
Vuyo // May 12, 2009 at 12:54 pm
ouch!!! thats some harsh issues there from Malema. Im really surprise she doesnt take him to court not for the defamation but for exciting violence. He clearly has publicly threatening her.
well one question is certainly answered if the ANC ever lost power they would call for military action.
another thing this issue of HZ being sexiestby the ANC because of her appointments of an all male cast, arnt they the ones being sexiest for condemning a womans judgement?
Pierre De Vos you have constantly relied on newspaper clipings in defending your statements,that you have made about certain leader of our country and in most cases your analysis is based on something that people have read in a newspaper except constitutional instance where you qoute some sections
be postive please man or is this critical thinking
Anyone read Dambisa Moyo’s ‘Dead Aid’?
It is a fact that the more corrupt the government, the larger the executive. This is a proven throughout the post colonial African states.
The new ‘overseeing’ department only inflates the size of the executive by creating more posts for incompetent, tax-teat sucking individuals.
Whats next? With a Malema puppet fetching R100 000 at an auction whats the chances of an ANC subsidized Blow-Up doll of Zille (as they allege she’s quite the promiscuous type) making its rounds soon?
I’d buy that for a dollar!!!
Vuyo // May 12, 2009 at 12:54 pm
I can’t believe anyone would want to associate with such a sorry ass, paranoid group as the ANCYL. They are empty and sad, with no more than membership numbers to defend themselves.
If these idiots can only understand that there is nothing degrading about reiterating facts. Like if I would say ‘Julius Malema is dumber than any person I’ve ever met’, that is not degrading – it’s a fact. If I say ‘Vuyiswa Tulelu has the charisma of a wooden spice rack (made by Julius)‘, this too will not be degrading.
Et Al,
It gets better:-
http://www.news24.com/News24/South_Africa/Politics/0,,2-7-12_2515183,00.html
The circus is in earnest.
Zille was out of line. I just wish for god’s sake she would stop these personal attacks on Jacob Zuma; it is unproductive and focuses the attention on the person as opposed to the policy.
She doesn’t get it!! The sharper the attacks on Zuma, the more the ANC (and Co) are rounding up the wagons to defend him.
Play the ball not the man.
BUT that being said, the ANCYL sends the fear into me with their talk of militant action. Seriously, this shit has got to stop. If it is not Nandos then it is Zille. This is not how a peaceful party committed to democracy should react, even one as inept as the ANCYL.
Stop grabbing for your machine gun.
George Gildenhuys // May 12, 2009 at 2:41 pm
well in all fairness this is politics as trashy as it is and should belong on a Jerry springer show its politics none the less.
I think her line of defence is interesting remember she got attacked for being a silly racist little girl and sexist for casting an all male crew i think she is just defending herself and i think theres a part of her that loves to wind Malema up abit…. the fact is that if your accusing her of being sexiest look at your own president who sleeps around like a prostitute with an HIV girl has no regards to his wivies and could of infected them. Fact is is Zuma infected? is his wivies infected?
Her tongue is sharp but its the truth.
Remember this has all started from the ANC calling her raciest, calling her sexist, at some stage you are going to defend yourself.
lets face it the only reason why this is so provocative is because what she said is actually true.
George Gildenhuys // May 12, 2009 at 2:41 pm
She was not out of line, she was merely stating a fact. I hold no high regard for the DA but I feel that it is strange that history should be ignored merely because there’s a new president and government and an attempt to establish some sort of social compact and/or consensus. Zuma did in fact risk infecting his spouse(s) with HIV/AIDS and those who seek to downplay this are being less than candid. Whoever elected Zuma must accept that this is one of the many clouds that shall accompany his legacy regardless his success or failure as president.
“…So, in a smart trickery move, ….”
Thank you, Khosi. This makes all the sense there ever was.
sirjay jonson, i agree 100% with you regarding municipalities and their so-called ‘consultation’ processes with the public. it’s a farce and the city of cape town in particular does the bare minimum simply to comply with formalities. perhaps pdv can help us here to understand what constitutes ‘consultation’ in light of the Constitution and a municipality’s powers to implement policy any which way it chooses. i’ve yet to see any meaningful discourse in the press or otherwise on the special rating areas bylaw which threatens to impact hugely on so very many property owners who’ve no idea this thing is coming. city of cape town’s spin doctor and ha ha ombudsman do a great job of shutting up any affected member of the public who has legitimate concerns. and oh shame apparently the media didn’t report much (anything?) when it mattered (and a healthy public debate might have made a difference) because the poor darlings didn’t understand it. they have only now recently been given a special tea party to bring them up to speed. but still no media debate so are they not interested, biased, brainwashed or just too dumb to see the dangers? this chicken’s plucking its feathers in frustration…
Chicken, the CC has said in the context of the constitutional provisions requiring public participation in law making, that this participation had to be “meaningful”. What was required was a genuine process, not window dressing after a decision had already been taken. BUT – and it is a big BUT – it did not require those who had to consult to actually follow the inputs from the public, only that they must be prepared to engage sincerely. Some have criticised the CC for this procedural approach to public participation, but of course this is a difficult question (or so I think at least) because how does one force to elected representatives to take on board suggestions from the public without interfering with their democratic mandate.
I agree with you on the special ratings areas. It’s a way of entrenching priviledge.