Tensions Escalate Over Western Cape's Proposed Bill as ANC Demands Urgent Investigation

CAPE TOWN - As the public comment period on the controversial Western Cape Provincial Powers Bill nears its end, political tensions rise, with the ANC spearheading demands for an expedited review of the bill’s constitutionality and potential financial impacts. Cameron Dugmore, the ANC's leader of the opposition in the Western Cape legislature, has formally requested Minister of Co-operative Governance and Traditional Affairs Thembisile Nkadimeng to conduct an urgent investigation into the bill which, he argues, could deeply affect both the province's and the national executive structures.

The palpable contention surrounding the bill stems from its unprecedented nature and the three legal opinions received by the legislature that concur on its unconstitutionality. These concerns have not halted the legislature's ad hoc committee on provincial powers from forging ahead with public hearings set for Monday, January 29, a move Dugmore and others deem ill-considered. The issues at hand are profound, touching upon the separation of powers and the financial nebulousness surrounding the implementation of the proposed legislation.

A lack of clarity in the bill's financial provision—or the absence thereof—has raised eyebrows, questioning which institution would bear the brunt of the implementation costs. This aspect remains unaddressed in the memorandum accompanying the bill, further revealing procedural anomalies that allegedly breach legislature rules {170 (3)}.

The bill has not only caused a stir within ANC ranks. The Economic Freedom Fighters (EFF) in the Western Cape, represented by Chairperson Unathi Ntame, have also voiced vehement opposition to the bill, asserting that it poses a threat to national unity and lays down a perilous path towards secession. With the bill offering provisions for devolving additional powers to the province beyond those prescribed in the Constitution's Schedules 4 and 5, the EFF warns of the potential for a constitutional crisis.

Ntame envisions no advancement for the impoverished from such legislative changes, rather a regression to divisions reminiscent of apartheid-era fragmentation. The EFF, stressing the absence of any constitutional allowance for a province to secede from South Africa, encourages public rejection of the bill via written and oral submissions at forthcoming public hearings.

The bill, with its combative devolution agenda, prompts both opposition parties to push for a broad denunciation and combat the motives of its proponents, whom they accuse of pursuing narrow, divisive interests. The mounting unease underscores the critical juncture South Africa faces as it looks to strengthen its constitutional democracy while grappling with varying interpretations of provincial autonomy.