CPA
is concerned with both the process by which the Bill was introduced and its
substantive provisions. Whilst the Bill has a wide reach, CPA highlights the two
most important issues. The Bill, if enacted, provides wide powers to the
Minister in charge of Economic Development to regulate and decide on a wide
range of issues including subjects within the purview of the Provincial
Councils, with limited checks and balances. The Bill contains several clauses
providing for the take over of subjects provided in the Provincial Council list
in the Thirteenth Amendment to the Constitution, raising serious concerns not
merely of centralisation and the consolidation of power, but also of the
political will of the Government in terms of its pledges to implement to the
full existing provisions in the constitution on devolution.
Furthermore,
the Bill if enacted will take away the ambit of oversight mechanisms, especially
in the area of financial control and accountability. The Bill also contains
provision for officers and servants of the Department established through the
Bill to sign a declaration pledging secrecy related to work of the said
Department, raising questions as to why such a provision should be included in
respect of a Department that is meant to serve and be accountable to the people.
CPA holds that any Government institution including departments must be
accountable to the legislature and be transparent in their functions especially
in the area of finance. Thus, it is essential that all entities receiving and
dealing with State funds adhere to the standards set in terms of Chapter XVII of
the Constitution.
In
addition to the range of substantive issues that are problematic, there are
concerns about process. The lack of discussion and transparency prior to the
tabling of the Bill and of any known consultation among communities and others
who will be affected is extremely troubling. This is a general problem related
to the law making process and particularly so in this case, given the
implications of such a Bill. CPA hopes that the challenging of the Bill will
raise public awareness and generate discussion and debate on it –processes that
are paramount in a functioning democracy.
he
“Divineguma Bill” can be accessed here.
Press release,17th August
2012
