The Western Cape Powers Bill: A Backward Step for South Africa

17 January 2024

The African National Congress (ANC) urges all South Africans to call out the unconstitutional actions of the Western Cape government. It is alarming to see that the Western Cape has embraced the ideologies of right-wing factions and has positioned itself as a supporter of the old apartheid regime, which never advocated for a unified state or a constitutional state as outlined in the Freedom Charter.

The Western Cape Powers Bill is nothing more than a ploy to revive and reintroduce the discriminatory policies of apartheid, which segregated South Africa along racial and tribal lines by creating Bantustans. Legal experts have unequivocally stated that the bill proposed by the Western Cape government goes against the con stitution.

According to legal advice received,

1) The Bill is in direct violation of the Constitution, as the Western Cape Provincial Legislature lacks the legislative authority or constitutional mandate to develop, propose, and enact such a bill;

2) The Bill lacks any constitutional basis to justify its legislative authority, rendering it illegitimate and invalid.

Based on these two points alone, it is evident that the conduct of the Western Cape government, and by extension, the Democratic Alliance, not only contradicts the Constitution but also undermines its principles.

Despite receiving this compelling legal advice from the provincial legislators own legal advisors, the Western Cape government has chosen to persist with its unconstitutional agenda by conducting public hearings. It can only be concluded that this is a desperate attempt to appease its true supporters, who are against the constitution, and is driven by a desire to preserve the remnants of apartheid-era South Africa.

The ANC stands firm in its commitment to a unified and constitutional South Africa. We urge the people of the Western Cape to rise up and reject the Western Cape Powers Bill and align itself with the principles of our Constitution, for the betterment of all its citizens.

Issued by Mahlengi Bhengu-Motsiri, National Spokesperson, ANC, 17 January 2024