CONSTITUTION OF THE WESTERN CAPE FIRST AMENDMENT BILL, 2021

Western Cape Provincial Legislature invites you to provide comment, input or objection to the Bill.

  • The Bill amends the Constitution of the Western Cape, 1997 (Act 1 of 1998) (the provincial Constitution) so as to align it with the amendments that have already been made to the Constitution of the Republic of South Africa, 1996 (the National Constitution),
  • to repeal the provisions relating to the Commissioner for the Environment;
  • and to effect textual changes.

1431 participants, so far (closes 31 May 2021)

DearSA-WC-constitution-first-amendment
Dear South Africa

Have your say – shape the outcome.

    Do you support the Western Cape Constitution First Amendment Bill?

    What is your top concern?

    What is your status?

    Check your email address then hit send! You will be redirected to a confirmation page.

    Dear South Africa

    SUMMARY

    Alignment with national Constitution

    Various amendments have been made to the national Constitution. These amendments have not been incorporated in the provincial Constitution.  Section 143(1) of the national Constitution provides that a provincial constitution must be consistent with the national Constitution. Seven of the nine clauses in the Bill propose amendments to the provincial Constitution to align it with the national Constitution in order to avoid any inconsistencies and difficulties with interpretation.

    Commissioner for the Environment

    Section 71 of the provincial Constitution establishes the position of Commissioner for the Environment. Since the commencement of the provincial Constitution, various pieces of national legislation that establish authorities and structures for the protection of the environment have been passed. The national legislation includes the National Environmental Management Act, 1998 (Act 107 of 1998), the National Environmental Management: Biodiversity Act, 2004 (Act 10 of 2004), the National Environmental Management: Protected Areas Act, 2003 (Act 57 of 2003), the National Environmental Management: Waste Act, 2008 (Act 59 of 2008), and the National Environmental Management: Integrated Coastal Management Act, 2008 (Act 24 of 2008).  The Western Cape Government is of the view that the filling of the vacancy of the Commissioner for the Environment is not desirable, because it would involve an overlap and duplication of roles and functions provided for in national legislation and would consume scarce state resources. The Western Cape Government is also of the view that national legislation and international conventions provide the necessary protection of the environment.  It is accordingly proposed that the provincial Constitution be amended to repeal the provisions relating to the Commissioner for the Environment.

    ENABLING YOU TO SHAPE GOVERNMENT POLICY

    Dear South Africa is a legally recognised and constitutionally protected non-profit platform which enables the public to co-shape all government policies, amendments and proposals. We’ve run many successful campaigns and have amassed a considerably large active participant network of over 750,000 individuals across the country and beyond.

    We do not run petitions. We run legally recognised public participation processes which allow citizens to co-form policy at all levels of governance. Whereas petitions, even if they contain thousands of signatures, are considered as a single submission by government, our process ensures that each comment made through dearsouthafrica.co.za is recognised and counted as an individual submission by government.

    Furthermore, we keep an accurate record of all participation and produce a publicly available report at the end of each project. This report forms the foundation of a sound legal case should the necessity to challenge the decision arise.

    Participation costs you NOTHING, and is so easy and quick to do through the platform that you really have no excuse not to help shape policy BEFORE it becomes law. Legally challenging implemented law is costly and rarely successful. Prevention is better than cure.

    Participation in decision-making processes means a possibility for citizens, civil society organisations and other interested parties to influence the development of policies and laws which affect them. We’ve made it easy for you as a responsible citizen of South Africa, to influence government decisions before they are made.