# CONSTITUTION OF THE WESTERN CAPE FIRST AMENDMENT BILL, 2021

- Link: https://dearsouthafrica.co.za/wc-constitution-first-amendment/
- Published: 2021-04-21T15:33:25+02:00
- Author: dearSA

### 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.

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### 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.

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