comments

Ronell

No I do not

Clause 7: Repeal of provisions relating to the Commissioner for the Environment

Sunet

No I do not

Other

Hesta

No I do not

Clauses 1 – 6: Alignment of the Constitution of the Western Cape with the national Constitution

The provincial constitution should not be changed to align with the national constitution. The provincial constitution is what keeps a province uinique with a bill suited to their needs. If a commissioner for the environment is not appointed who will oversee the environment in the western cape? The government will not oversee it leading to the total loss of tourism attractions in the western cape as can be seen in the eastern Free State etc.

André

No I do not

Clause 7: Repeal of provisions relating to the Commissioner for the Environment

In addition to my previous comment, I refute the argument that an Environmental Commissioner would constitute an overlap of existing legislation. This not true since no existing legislation provides remotely the same kind of control.

André

No I do not

Clause 7: Repeal of provisions relating to the Commissioner for the Environment

I am bitterly disappointed that the Western Cape is seeking to abolish the institution of Environmental Commissioner that is provided for in the Western Cape Constitution. Even draft legislation was promulgated in 2001 to make provision for such institution, but unfortunately nothing has been done to promulgate legislation and to appoint such Commissioner - this despite several pleas by me to the responsible authority.
In view of the many environmental disputes that arise from time to time in our province, there is a great need for an institution that can resolve such disputes. Internal control is obviously unsatisfactory because it is by its very nature not independent. While courts are available they are also an unsatisfactory body to resolve environmental disputes. To be sure, they are independent, but have several drawbacks. Litigation is notoriously expensive, slow and time consuming. even more importantly: litigation is almost exclusively restricted to adjudging the legality of matters through judicial review, while it is the merits of environmental decisions and actions that environmentally concerned individuals wish to have controlled. and this can be done only through appeals. Unfortunately, very few appeals to courts on environmental matters are provided for in legislation. This leaves individual citizens with no real independent, affordable, readily available and speedy institution to address controversial decisions and actions by public bodies. Ms Madonsela has proved abundantly the value of such public protector-type institution that provides citizens with a real, practically available remedy to control administrative decision making.
The Western Cape has a unique opportunity to take the lead and to act as a pioneer in providing its citizens with an effective remedy as far as controversial environmental decisions and actions are concerned.
I have studied the New Zealand Environmental Commissioner in that country and reported in a legal journal that it is a successful institution. Together with Professor Richard Fuggle we submitted an appeal to the relevant western Cape body to provide for the institution of an Environmental Commissioner, but our plea fell on deaf ears.

Pat

No I do not

Clauses 1 – 6: Alignment of the Constitution of the Western Cape with the national Constitution

Western Cape is well run. No change is needed.

Jan

No I do not

Clauses 1 – 6: Alignment of the Constitution of the Western Cape with the national Constitution

The DA is showing very little resistance when it comes to pleasing the ANC.

Pease leave the Western Cape alone on this matter. Your efforts would only serve to overburden an already overburdened budget. You have enough that is not being well taken care of as it is and this Government is becoming far to Draconian & Totalitarian. you

Riana

No I do not

Clause 7: Repeal of provisions relating to the Commissioner for the Environment

It would involve an overlap and duplication of roles and functions provided for in national legislation.

Ruurd

No I do not

Clause 7: Repeal of provisions relating to the Commissioner for the Environment

Duplicating is a waste

Riaan

No I do not

Clause 7: Repeal of provisions relating to the Commissioner for the Environment