Republic of Ciskei. Submission to the Commission on the delimitation of regions

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SUBMISSION TO THE COMMISSION DELIMITATION OF REGIONS

PROPOSAL

FOR

A KElI

THE

STATE

1.

Introduction

2

Why Regional/Federal Government

3.

Proposed Boundaries of the KEI STATE

4.

Geographic Considerations

5.

ON

41

Historical Boundaries

4.2

Provincial Magisterial and District Boundaries

43

Geographic Coherence

4.4

Infrastructure

Economic Aspects 5.1

Economic Functionality

5.2

Economic viability

53

Development Potential

5.4

Infrastructure 5.4.1 5.4.2

Physical Infrastructure Social Infrastructure

5.5

Fiscal Capacity

5.6

The Necessity of limiting Financial and other costs as much as reasonably possible.

Institutional and Administrative Considerations 6.1

The need or otherwise to rationalise existing structures

6.2

Administrative Considerations including the availability and non-availability of infrastructure and nodal points for services

6.3

The need to minimise the dislocation of services

6.4

The need to minimise inconvenience to the people

Ciskei/RSC’s etc.

Socio-Cultural Considerations 71

Demographic Considerations

7.2

Cultural and Language Realities

Powers and Functions of the KEI STATE A Constitutional Proposal for the KEI STATE 10.

Conclusion and Recommendation.

-

INTRODUCTION The Ciskei Government, aware of the inadequacies of the present geographic and economic foundations of the Republic of Ciskei, seeks in this presentation to promote a realistic and well-founded proposal for Kei

future

a

and

economic

us

taught

has

Experience

State.

considerations,

administrative

that

and

social,

sound

short-term

not

political objectives, should be the over-riding considerations in the This presentation determination of appropriate regional boundaries. seeks

to

boundaries

analyse

region.

which

the

will

relevant

.

serve

level,

the

concentration

at the

centre.

interests

of

draw

the

conclusions

on

people

of

the

much

of

the

GOVERNMENT Government

Ciskei

a national

At

best

REGIONAL/FEDERAL

WHY

and

considerations,

the

believes

that

can be in the country presently experienced tension political in powers ative administr and ve legislati dissipated by vesting optimal executive and political of intensity the the regions, thereby reducing There exists along the eastern seaboard a sense of pol itical neglect by The establishment of virtue of distance from the centre of power. powers will increase te appropria a with ts regional and Tocal governmen while people, the by tion participa c for democrati opportunities the to closer it bringing by le accountab more rendering government

people. A

federation

opportunities

is

for

per

the

definition

the

accommodation

otherwise be ignored in a centralised re-incorporation of the TBVC countries vehicle administrative localised a

accommodation

provide

needs

of

disparities

opportunity

and aspirations

The Ciskei autonomous

for

and

has at all times regional states

of

government

regional

to

provide

which

may

developed,

and

diversity

system; particularly where the is concerned, this will provide and rationalisation the for

systems

development

of specific

type

of

which

strategies

communities.

have

designed

to

favoured the decentralisation of within a federal or confederal

meet

the

power form

to of

for

the

government. The success of a future United Southern Africa will depend on the successful formation of cohesive regional structures which have the capacity to generate a basic economy capable populations fundamental basic social needs.

of providing

It is an established fact that Ciskei and adjacent Border/East Cape area has been economically depressed for many years and it is vitally necessary that these separate entities should seek to determine their economic stimulate to plans regional formulate and needs own

This process of regional self determination will be development. crucial for the future of the region and will need to be negotiated for in the new constitutional dispensations.

Development

9

the

of

favour

in

overlooked

South

process.

Delimitation/Demarcation

strong traditional, historical and natural regionalism. for optimal the criteria

been

have

they

that

is

suitability

history as the basis for the regional

political,

The

which

educational

civic,

regions

traditional have

a tried

and

regions

administrative

traditional

Africa's

South

tested,

Africa

regions the

enjoys

be

not

should

in

benefit

the

of

regions which could satisfy Strong evidence of their

South

throughout

used

of sports,

organisation

a number

non-racial,

Africa's

cultural,

society purposes.

and other civil

comprise

STATE

KEI

THE

OF

BOUNDARIES

PROPOSED

of

magisterial

non-ideological

districts

historic

The well defined magisterial boundaries are the natural basis "Logic". These for the boundaries of the regions within which they fall. for sound centuries. the over have emerged districts magisterial judicial

administrative,

and

reasons.

other

They have stood and been adjusted in response to the test of time. Magisterial districts or groupings thereof could and should therefore of regional for the demarcation point as the starting be used

boundaries.

Whilst South Africa's recognised traditional regions and sub-regions differ for certain purposes and in fact sometimes two or more might be combined into a bigger region, which could also be considered, some regional communities might consider some of these regions to consist of

distinctive

sub-regions.

They certainly would satisfy the following criteria which considered to achieve the real benefits of regionalism:-

The

should

be

i)

To be sufficiently numerous to reflect and accommodate real

ii)

That areas Africans.

iii)

That

proposed

economic, political, cultural, geographic, traditional, es. diversiti other and nt developme c linguisti historic,

are

sufficiently

boundaries

are

readily

identifiable

ideologically, neutral

for

the

racially

so as to be conflict

KEI

~STATE

have

ordinary

for

politically

and

been

South

reducing.

drawn

along

the

traditional boundaries of the magisterial districts as shown in Diagram 1. Table 1 indicates the magisterial districts included as well as the land areas and the respective populations.

The Development in not

satisfying

regions as a departure point presents certain problems the abovementioned

criteria.

The KEI

STATE

could

CIA

as used

criteria

the

with

in accordance

is

Demarcation

This

1990).

sub-regions as shown on Diagram 2(source

into functional

be sub-divided

in DBSA publications Economic and Social Memorandum for Region A, B and The objective of the DBSA assignments were to gain knowledge D. concerning the relative development strengths and weaknesses of the by The divisions could have been achieved regions. Development resulted have could utilizing several different criteria all of which

demarcations.

in different

and the criteria

as possible i) ii) iii) iv)

Labour Flows.

STATE

demarcation

Major

could

of

This

departure. diagram 3. The

Scope

and

Nature

v)

KEI

boundaries

the

applied where:-

Geographic Location Nodal Points Availability and comparability Population

vi) The

within

transactions

maximise

the

be

Regional

method

Commercial

of economic

has

Centres

Services

deal

great

a

of the

of the

State

study

the

sub-regions

was

to

as far

of data activity

sub-regions

into

sub-divided

of

objective

main

The

Councils of

logic

using

as

and

the

present

the

is

point

shown

of

on

are:-

Port Elizabeth East London. Queenstown The

proposed

Legislative

and

Administrative

centre

of the

State

is:-

Bisho. The

Sub-regional

centres

with

KS1 KS2

-

Uitenhage Graaf Reinet

Ks4

-

Queenstown

KS3

KS5

Judicial

-

Aliwal

devolved

administrative

North

King William's

Town/Bisho.

Centres:-

Grahamstown - Supreme Court Bisho - Local Division Port Elizabeth -Local Division.

functions

are:-

°

Cape Oranje

b

Satswa

0

Transkei

O

Qwagwa

N

Kwazulu Natal

®

Kei

Eastern Transvaal

O

PWV

,

- e -

WOWN

-~

CISKEI 10 Federal State Proposal

/ Free State

iy

Crange

East London ort Elizabeth

7 HOPE

TOWN.

FAURESMITH.

PRIESKA

JPPOL

5.

BRITSTOWN. DE

AAR.

COLESBER! G . Al

NOUPORT.

LBERT.

'STEYNSBURG.

WEST.

MIDDEL EURG

I WVYHOVIA

=

URRAYS BURG. CRADOCK.

ABERDEEN.

PEARSTON

HUMANSDOORP.

31V1S 13X a3S0dOHd

VICTORIA

; :

ELIZABETH .

TABLE

1. Characteristics of the Magisterial Districts

MAGISTERIAL DISTRICT

suB REGION

POPULATION

AREA 5qKm

GGp R/1000

GGP/CAPITA R/1000

Adelaide

1

17351

1892

37778

218

Alexandria Bathurst Bedford Fort Beaufort Hankey Humansdorp Kirkwood Mpofu Peddie Port Elizabeth Uitenhage Victoria East

3 1 i 1 1 1 1 1 1 1 1 1

32167 35086 15950 1M1 25443 42461 37952 o145 71754 602349 172066 66402

2440 1471 2608 968 1632 3730 274 728 1750 1390 2523

71533 53598 33062 71865 24928 141119 30170 12576 76085 5059343 992305 91080

33 153 213 233 373 3% 211 138 1.07 7.30 577 137

Aberdeen Colesberg Cradock Graaf-Reinet Hanover Hofmeyer Jansenville Middelburg Murraysburg Noupoort Pearston Steytlerville

2 2 2 2 2 2 2 2 2 2 1 7

3018 17500 40831 34559 5700 26 10698 21834

6866 5322 5939 5736 3650 2330 4584 5742

36137 72000 155978 129767 11700 6437 47565 31657

451 417 384 375 205 0.96 445 374

12200

1461 2577 323

57400 14306 20249

470 3.08 337

Albert Alivial North Barkly East Elliot Herschell Lady Grey Maclear Steynsburg Venterstad

3 3 3 3 5 3 3 3 3

21439 23905 13021 15006 117305 3508 21548 3896 5735

3808 2002 3604 1810 1578 1422 2401 272 2155

54638 102556 51373 50292 93691 16690 347 25668 uns

255 355 441 335 0.50 1.94 1.59 289 206

4

< 95194

Albany

Hewu

1

Indwe Molteno Ntabethemba Queenstown Sterkstroom Tarkastad

4 4 s 4 4 4

Cathear East London Keiskammahoek King Williams Town Komga Mdantsane Middlesdrift Stutterheim

5 5 5 5 5 5 5 5 5

dehouse

Zwelitsha

04586

10854 11556 53610 0431

4405

T

1450

13327 23647

123 248

2043 1636 3106

337982 23014 23734

630 244 258

37662

231 11.24 138

16272

2546 1507

17102 212127 51817 40085

1421 450 9 1551

257035

95305

345

313 1830

208611

40104 29779

326325

659 21

1320

38864

2344062 55532 253194 35960

8.50

210

567141

2.67

354926

138

38255 63077

0.74

1.57

oF FIEFO)

\f\/

!

HOPE PRIES

TOWN.

FAURESMITH.

KA.

=

5. e i

BHLI

s.

VICTORIA WEST.

\

&

&

UMTATA.

&

TRANSKEI. T

Region fii

Transkei Border KEI

Kei|

STATE

124

|-

31

g

posal view, the Kei State pro of nt poi it spl an urb centage of From the rural/ icates a greater per ind it ce sin it mer the process has the most If it is accepted that al. rur n tha n tio alternative urban popula inevitable, then this is ion rat mig an ison urb of rural to blem to deal with a compar

s of a pro In this will (in future) have les ions being considered here. reg er oth problem, to any of the region has the greatest ces are Kei der Bor ed pos pro Resour regard, the n being urbanised.

ulatio rapidly with only 19% of its pop strained in coping with the ly ere sev n. be tio figura 1ikely to e in this regional con rat ion sat ani urb g increasin fact that it posed Kei State, is the pro the of our fav the people per square Also in tion density i.e. 26 ula pop t wes Tlo D region have the has Kei and Greater Region der Bor the lst whi pectively. res tre tre kilome ple per square kilome peo 36 and 45 of ies densit

7.2

Cultural

and Language Realities

and by the Xhosa, English ant ort culture has been built region. imp is It speaking people of the region should maintain their the people of the zabeth

A common Afrikaans

Eli however that The Grahamstown/Port tures. cul own and speaking e h enc lis fer Eng dif cultural home of the the e, role mpl exa ant ort for imp a, are ognition for the rec e eiv rec uld sho tish Cultural South Africans, preservation of the Bri

this area heritage. Why has

plays

in

the Transkei

the

been

excluded

from

the

region?

new home be decided to find a rha Rha y tur Cen h 18t Phalo, Early in the had supported his father he er aft , Kei at Gre south of the

and defeated his brother paramount Chief of the Xhosa people, o's successor, who tried to usurp Phal the rightful Gcaleka, were le peop a Thus the Xhos position whilst he was still alive. Transkei and

into

divided

Ciskei.

The Transkei

three

has

1903 it was known justification can region.

separate

been

of

Kwa

Zulu,

on

its

own

since

an entity

1894.

Transkei Territories. its inclusion in the

as the United be found for

AND FUNCTIONS

POWERS

states

From

Little proposed

OF THE KEI STATE

tions of central, regional A proposal for the allocation of func owing matrix Annexure A. local governments is shown in the foll

FOR THE KEI STATE

A CONSTITUTIONAL PROPOSAL A proposed constitution

10.

for the Kei

and

State

is attached under Annexure

B.

CONCLUSIONS AND RECOMMENDATIONS The

Government

Ciskei

stand

point on the question

of its

at all times centred on reincorporation into South Africa has in South Africa through the nature of the state to be created

the process of constitutional reform.

Ciskei

has

state made

consistently

advocated

up of autonomous

a confederal

regional

or federal

states or provinces.

ul co-existence of the Such an arrangement will ensure peacef Southern Africa as many vastly diverse groups whom regard the African sun. their rightful home and birth place in The

Ciskei

government

and

the

people

of Ciskei

will feel

r future well being into content and confident in placing thei t correctly structured the hands of a regional governmen Ciskeian aspiration will within the state as proposed. continue

to look beyond

state in terms of sharing

the local

resources

of the

in the commonwealth

ca. the Federal Republic of Southern Afri

regional

resources

of

dependence whereby in an ei sk Ci for wn The principles laid do we would enjoy an at th , off e rs wo we would not be that which could be to r la mi si re tu uc appropriate infrastr finally that we would d an e at st t en nd pe expected of any inde of the Federal or s ce ur so re th al we share in the common Confederal States. advocate the d ul wo ei sk Ci at s th in this It is on this pasi E" state as defined AT ST EI "K w ne e th establishment of memorandum.

CETRAI BEGIONAL AND LOCAL GINPRUARAIS QUR1SE] PAOPOSALS EOR THE 41 QCATI0N OF EINCTIOFONS LOCAL

EUNCTION 4. GOYERNNENT ADNINISTRATION PUBLIC

SERVICE CoMMISSION

To EXECUTE POLICY

To DETERNINE AND ENSURE

LEVEL

ADNINISTRATIVE POLICIES

FORNULATED AT FS

i

CENTRAL

EEDERAL STATE (FS)

T0 DETERNINE AND ENFORCE

EXECUTION OF PUBLIC

PUBLIC ADNINISTRATIVE

OF LOCAL AND REGIONAL LEVELS VITH LOCAL [KPUT

LEYELS

POLICIES FOR CENTRAL

LIATSON WITH OTHER FS'S T0 EXSURE INTER FS-

UNTFORNITY OF STANDARDS

PusLIc FINANCE

(FrscaL AND HONETARY)

TREASURY

To DETERNINE / ENFORCE O0¥N FISCAL POLICIES

FORNULATION OF NONETARY ~ CONTROL NONETARY POLICY

POLICY AT CENTRAL LEVEL

T0 DETERNINE AND ENFORCE QWK FISCAL POLICY VITH [NPUT FRON LOCAL AND FS LEVELS

To ENFORCE WK

As FOR LOCAL LEVEL

ks FOR LOCAL LEVEL

TO UNDERTAKE ACCORDING TO THE NEEDS OF LOCAL

To UNDERTAKE RESEARCH EXTENDING BEYOND THE

To UNDERTAKE RESEARCH OF NATIONAL [NPORTANCE

CONTROL

B. RESEARCH AKD DEYELOPKENT YATER)

To FORNULATE, EXECUTE AND

To DETERNINE AND ENFORCE O¥N FISCAL POLICIES WITH PARTICIPATION FRON LOCAL LEVELS FINANCIAL

SCIENTIFIC / INDUSTRIAL (INCLUDING NEDICAL AND

T0 PARTICIPATE [N THE

COMKUNITIES

NEEDS OF LOCAL CONNURITIES AND UNIQUE

T0 THE FS

|

To UNDERTAKE ACCORDING

AGRICULTURAL

T0 UNDERTAKE ACCORDING

T0 REGIONAL NEEDS

TO NATIONAL NEEDS

Huan SCIENCES

PROYIDE [NPUTS TO CERTRAL LEVEL

ProvIDE [NPUTS TO CENTRAL LEYEL

SOLE RESPONSIBILITY WITH SERYICES TO ALL LEVELS

STANDARDS AND NORMS

PROYIDE INPUTS TO CENTRAL LEVEL

PROVIDE [RPUTS TO CENTRAL LEYEL

SOLE RESPONSIBILITY VITH SERYICES TO ALL LEVELS

DeFexce

NATATALN A NILITIA T ENSURE THE INTEGRITY OF THE FS

DEFENCE AGALNST FOREIGN ENENIES

NATIONAL INTELLIGENCE

HAINTAIN OWN SERVICES

HATNTAIN OWN SERVICES

(. SECURITY

SOLE RESPONSIBILITY

CORRECTIONAL SERVICES Law ENFoRCENENT (ncLuning

PoLIce)

To BE APPLIED FOR OWN LEGISLATION

T0 BE APPLIED FOR OWN

LEGISLATION AND COMNON LAY CRINES

CONNITTED WITHIN FS JurrsprcTION

[NTER FS CO-OPERATION

To BE APPLIED FOR OWN LEGISLATION

A

1, CIvIL PROTECTION SERVICES

To DEAL WITH EVENTS OR DISASTERS WHICH FALL YITHIN ITS JURISDICTION

0. HEALTH SERYICES Foon AN Drus ConTRoL

PoLICY NAKING To DEAL WITH EVENTS OR

DISASTERS WHICH EXTERD BEYOND THE CAPACITY OF ANY SINGLE LOCAL AUTH= ORITY

To ENFORCE STANDARDS

As FOR LOCAL LEVEL

To DETERNINE POLICY. PLAN AND EXECUTE AT LOCAL LEVEL VHERE POSSIBLE

As FOR LOCAL LEVEL

AXD PRESCRIPTIONS LAID DOVN AT CENTRAL LEVEL

To FORMULATE AND CONTROL POLICY OF NATIONAL THPORTANCE

PoPULATION DEVELOPMENT

To EXECUTE POLICIES AT LOCAL LEVEL

To EXECUTE POLICIES AT

To FORNULATE NATIONAL POLICY YITH PARTICIPATION FRON REGLONAL AND LOCAL LEVELS

Disease ConTRoL

To DETERNINE POLICY. PLAN AND EXECUTE AT LOCAL LEVEL VHERE POSSIBLE

As FOR LOCAL LEVEL

T0 FORMULATE NATIONAL POLICY WITH PARTICIPATION FRON REGLONAL AND LOCAL LEYELS

T0 EXECUTE NATLOKAL

s FOR LOCAL LEVEL

To NARAGE HEALTH FACILITIES (HOSPITALS. CLINICS. ANBULANCE

To IDENTIFY THE NEEDS FOR SERYICES AND FACILITIES AT FS AND LOCAL LEVELS

POLICIES AT LOCAL LEVEL HoSPITAL SERVICES AND ComnutTy HEALTH

SERVICES. ETC.)

FS LEVEL

To PROVIDE FACILITIES ACCORDING TO THE NEEDS [DENTIFIED

E. JUDICIARY AppeAL COURT SupReNe COURT

SOLE RESPONSIBILITY [N RESPECT OF OWN LEGISLATIOK AND CONMON LAV ENANATING FRON AREA OF JURISDICTION

ATTORNEY GENERAL

To PROVIDE FINANCE FOR THE

NAINTENANCE OF A NATIONAL HEALTH POLICY

SOLE RESPONSIBILITY

CRINES/CIVIL CASES

Lover CourTs

To DETERMINE AND [NPLENENT A NATIONAL HEALTH POLICY

SOLE RESPONSIBILITY [N RESPECT OF OWN LEGISLATION

CONCURRENT JURISDICTION

wiTh FS Suprene CourRT IN

RESPECT OF SUBNITTED CASES

SOLE RESPONSIBILITY SOLE RESPONSIBILITY I[N RESPECT OF AREA OF JURESDICTION OF FS

SupRene COURT

SOLE RESPORSIBILITY RESPECT OF OWN LEGISLATION

IN

i SOLE RESPONSIBILITY IN

STATE ATTORNEY

RESPECT OF AREA OF JURISDICTION OF FS SupReNE COURT

F. EDUCATION AND CULTURE EDUCATIONAL

STANDARDS

EDUCATION PROVISION (AL LEVELS)

As FOR LOCAL LEVEL

To DETERNINE STANDARDS OF EDUCATION AT ALL LEVELS TO EXSURE UNTFORNITY

PROVIDE [NPUT OK NEEDS T0 FS LEVEL

DETERNINE NEEDS FOR FACILITIES

To PROVIDE THE FINANCE NININUK SCHOOLING

KANAGE FACILITIES

PROVIDE FACILITIES LOCAL LEVEL

PROVIDE INPUT TO CENTRAL LEVEL

APPOTNT AND NANAGE PERSONNEL

TO

DETERNINE CURRICULA

CULTURAL AFFAIRS

EDUCATION

AT

PRONOTE CULTURAL AND YOUTH PROGRANS OF REGIONAL [NPORTANCE

PLAN AND EXECUTE CULTURAL PROGRANS OF NATIONAL INPORTANCE

HANAGE WUSEUNS AND

ESTABLISH NUSEUNS AND OTHER CULTURAL INSTITUTIONS OF REGTONAL AND LOCAL TMPORTANCE

NONUNEKTS OF KATLONAL IMPORTANCE

DETERNINE LANGUAGES

LANGUAGES

OFFICIAL FOR REGION

PARTICIPATE AT CENTRAL LEVEL [N DETERNINING OFFICIAL LANGUAGES AS A VHOLE

SPORT AND RECREATION

PRONOTE SPORT AND RECREATION FACILITIES [N-AREA OF JURISDICTIOR

s FOR LOCAL LEYEL

PERFORNING ARTS

PRONOTE PERFORNING ARTS

As FOR LOCAL LEVEL

AND RELATED [NFRASTRUCTURES [N OWN AREA

H. ECONONICS AND PLANNING

To INITIATE ECONONIC DEVELOPNENT PROJECTS [X AREA OF JURISDICTION

ESTABLISH NUSEUNS AND

DETERNINE OFFICIAL LANGUAGES FOR THE COUNTRY AS A WHOLE

SOLE RESPONSIBILITY

EXECUTE POLICLES NADE AT CENTRAL LEVEL

Foretex TRADE Econontc PLANKING

To SUBSIDISE ALL LEVELS

FOR

PLAN AND EXECUTE CULTURAL AND YOUTH PROGRANS

OTHER CULTURAL INSTITUTTONS/EDIFICES

6. FOREIGN AFFAIRS

SOLE RESPONSIBILITY IK RESPECT OF 0WN LEGISLATION

AS FOR LOCAL GOVERNNENT

To DETERNINE POLICY

To DETERNINE NACRO-

ECONONIC GROWTH POLICY SUPPORT LOCAL AND REGIONAL INITIATIVES ON NERIT

3 SoLE RESPONSIBILITY IN RESPECT OF AREA OF JURISDICTION OF FS

STATE ATTORNEY

SupReNE COURT

[ J

F. EDUCATION AND CULTURE EDUCATIONAL STANDARDS

PROVIDE INPUT TO

As FOR LOCAL LEVEL

EDUCATION PROYISTON

PROVIDE [NPUT OK NEEDS T0 FS LEVEL

DETERNINE NEEDS FOR FACILITIES

KANAGE FACILITIES

PROVIDE FACILITIES TO

(ALL LEVELS)

CENTRAL LEVEL

APPOINT AND NANAGE

LOCAL LEVEL

SOLE RESPONSIBILITY IN RESPECT OF OWN LEGISLATION

To DETERNINE STANDARDS OF EDUCATION AT ALL LEVELS TO ENSURE UNIFORNITY

To PROVIDE THE FINANCE FOR NININUK SCHOOLING To SUBSIDISE EDUCATION AT ALL LEVELS

PERSONNEL

DETERMINE CURRICULA CULTURAL AFFATRS

PLAX AND EXECUTE CULTURAL AND YOUTH PROGRANS

PROKOTE CULTURAL AND YOUTH PROGRANS OF REGIONAL TPORTANCE

HANAGE WUSEUNS AND

ESTABLISH NUSEUNS AND OTHER CULTURAL INSTITUTIONS OF REGIONAL AND LOCAL TMPORTANCE

OTHER CULTURAL INSTITUTTONS/EDIFICES

DETERNINE OFFICIAL LANGUAGES FOR REGION

LANGUAGES

PARTICIPATE AT CENTRAL

PLAN AND EXECUTE CULTURAL PROGRANS OF NATIONAL INPORTANCE

ESTABLISH NUSEUNS AND NONUNEKTS OF KATIONAL IMPORTANCE

DETERNINE OFFICIAL LANGUAGES FOR THE COUNTRY AS A WHOLE

LEVEL [N DETERNINING OFFICIAL LANGUAGES AS A VHOLE

SPORT AND RECREATION

PRONOTE SPORT AND RECREATION FACILITIES [N AREA OF JURISDICTION

PERFORNING ARTS

PRONOTE PERFORNING ARTS

§. FOREIGN AFFAIRS

ARD RELATED [NFRASTRUCTURES [N OWN AREA

H. ECONONICS AND PLARNING

s FOR LOCAL LEVEL

SOLE RESPONSIBILITY

EXECUTE POLICIES NADE AT CENTRAL LEVEL

FoRern TRADE

ECONONIC PLARNING

As FOR LOCAL LEYEL

To INITIATE ECONONIC DEYELOPNENT PROJECTS IX AREA OF JURISDICTION

A FOR LOCAL GOVERNNENT

To DETERNINE POLICY

To DETERNINE NACRO-

ECONONIC GROWTH POLICY SUPPORT LOCAL AND REGIONAL INITIATIVES ON WERIT

b EXecute poLICY FORNULATED AT F§ LEVEL

PHYSICAL PLANNING

FORNULATE PoLICY, PLAN AND EXECUTE AT LOCAL LEVEL VHERE POSSIBLE COMMERCE,

SULTABLY FLEXIBLE TO ADAPT TO LOCAL CIRCUNSTANCES (0-ORDINATE AND ASSIST VITH PLARNING AT LOCAL LEYEL

SOLE RESPONSIBILITY

[NDUSTRIES

AND MINING

PRONOTE TOURISH OF JURTSDICTION

TouRISK

FORNULATE POLICY

[N AREA

As FOR LOCAL LEVEL

I AGRICULTURE ECONONICS AND HARKETING

ProvIDE IKPUTS TO CENTRAL LEYEL

YETERTNARY SERVICES

T0 EXFORCE STANDARDS AND PRESCRIPTIONS LAID DOVN AT CENTRAL LEVEL

EXTENSION SERVICES

SOLE RESPONSIBILITY

TECHNICAL SERVICES

SOLE RESPONSIBILITY LIATSON ¥ITH OTHER FS'S

Nox-TOXIC

VASTE

DISPOSAL

PoLLUTIOK CORTROL

FORESTRY AND NATURE CONSERVATION

FrsHeRTES (SEA § FRESH)

To FORNULATE NATIONAL POLICY WITH PARTICIPATIOR FRON FS LEVEL

LIATSON ¥ITH OTHER FS'S

J. EXYIRONKENTAL AFFAIRS TOXIC YASTE DISPOSAL

SOLE RESPONSIBILITY (WITH [npuTS FRON FS'S

To TAKE SUITABLE NEASURES [N AREA OF JURTSDICTION

AS FOR LOCAL

GOVERNNENT

To TAKE SUITABLE NEASURES [N AREA OF JURISDICTION

AS FOR LOCAL

GOVERNNENT

To TAKE SUITABLE NEASURES [N AREA JURISDICTION

As FOR LOCAL GOVERNMEAT

To TAKE SUITABLE NEASURES [N AREA JURISDICTION T0 TAXE SUITABLE

To SET [NTERNATTORALLY ACCEPTED STANDARDS TO BE APPLIED.

To SET STANDARDS TO BE APPLIED. F

F

NEASURES [N AREA OF JURISDICTION

To SET INTERNATIONALLY ACCEPTED STANDARDS TO BE APPLIED.

AS FOR LOCAL GOVERNMENT

To SET STANDARDS TO BE APPLIED. AS FOR LOCAL GOYERNNENT

To SET STANDARDS FOR

FRESH VATER

To SET INTERNATIONALLY

ACCEPTED STANDARDS TO BE APPLIED FOR SEA FISHERIES. To TAKE THE NECESSARY NEASURES T0 ENSURE COMPLIANCE

X. POPULATION HATTERS PogSPORTS,

‘n

THNIGRATION

ENTGRATION

POPULATION REGISTRATION

YOTER'S ROLLS

PROYIDE INPUTS TO CENTRAL LEVEL

SOLE RESPONSIBILITY WITH [NPUTS FRON FS LEVEL

HAINTALN REGTONAL POPULATION REGISTER

NAINTENANCE OF UNIFORN POPULATION REGISTRATION

REGISTER BIRTHS, DEATHS AND NARRIAGES OCCURRING WITHIN AREA OF JURISDICTION AS AGENT OF REGIONAL LEVEL

Deeds REGISTRIES Houstne

Urieise FS YOTERS ROLLS FOR NATIONAL ELECTIONS.

UNDERTAKE FOR DELINITATION OF PROPERTY [N AREA OF JURISDICTION

UNDERTAKE FOR DELINITATION OF LAND IH AREA OF JURISDICTION

NAINTAIN

PROVIDE ACCORDING TO NEEDS OF LOCAL CONNUNITY

ARCHIVE

HAIRTATN CENTRAL ARCHIVE OF WAPS OF ALL LAND [N AREA OF JURISDICTION

ASSIST LOCAL LEVEL IN OBTAINING FUNDING FOR THEIR REQUIRENENTS

PROVIDE FUNDIKG FOR

NININAL HOUSING REEDS OF LOCAL LEVEL

DETERNINE POLICY AND ADNINISTER VITHIR AREA OF JURISDICTION

UNENPLOYNENT [NSURANCE AND YORKNEN'S

CONDUCT INSPECTIONS AS AGENT 0F FS

DETERNINE POLICY AND ADNINISTER WITHIN AREA OF JURISDICTION ADNINISTER WITHIR OF JURISDICTION

REGISTRATION OF WORKSEEKERS Y. SOCIAL SERYICES

NATTONAL

SOLE RESPONSIBILITY

LABOUR RELATIONS,

TRADE TRAINING AND [NDUSTRIAL SAFETY

HAINTATR CENTRAL REGISTER

BAINTATN VOTER'S ROLLS FOR FS ELECTIONS

K. HANPONER

CONPENSATION

[ssue 1D DOCUNENTS AS AGENT OF CENTRAL LEVEL

HATATAIN YOTER'S ROLLS FOR LOCAL ELECTIONS

L. LAXD AFFAIRS LAKD SURVEYS

PRESCRIBE NEASURES FOR

SOCIAL PENSIONS AXD ALLOVANCES

heeNT OF FS 1N 0WK AREA

OTHER WELFARE SERVICES

[DENTIFY SOCIAL VELFARE NEEDS OF THE CONNUNITY

ATTEND TO IDENTIFIED

NEEDS

AREA

HANAGE THE EXECUTIVE

FUNCTIONS

DETERNINE A UNIFORN SOCIAL ;ELFAIE POLICY FOR THE

DETERNINE A UNTFORM FOR THE COUNTRY

POLICY

5. RURAL DEVELOPMEKT

[DENTIFY DEVELOPHENT NEEDS OF COMNUNITIES ATTEND TO IDENTIFIED NEEDS

0. TRANSPORT Roap AKD RaTL

To PROYIDE AND NAINTAIN FACILITIES IN JURISDICTION TO BEST OF ABILITY

AL fSSIST AKD SUPPORT LOC AND NE FYI NTI [DE [N LEVEL 10 SUPPLYING SOLUTIONS NEEDS

TR To PROYIDE AND NATRTA T KS LIN AL ION REG [NTER Y LIT ABI OF BEST To SUPPORT LOCAL LEVELS REQUIRING ASSISTANCE

ARPORTS AND AR TRAFFIC

T0 NAKAGE LOCAL ARPORTS AND FACILITIES ACCORDING TO LALD DOVK STAKDARDS

To NAKAGE REGIONAL ALRPORTS AND FACILITIES ACCORDING TO LAID DOVK STANDARDS

040 TRANSPORTATION AND CONNUTER SERVICES

To PROVIDE FACILITIES FOR COMNUTERS

To BE RESPONSIBLE FOR

HARBOURS

T0 NANAGE HARBOURS AKD PORTS ACCORDING TO LAID DOVN STANDARDS

To DETERNINE NININUM STANDARDS [N CONSULTATION NITH LOCAL LEVELS

TRAFFIC CONTROL AKD ROAD SAFETY PUBLIC WORKS, [NFRASTRUCTURE AND SERVICES

ENERGY AND WATER

To BE APPLIED BY SAXE AUTHORITY RESPONSIBLE FOR LEGISLATIVE FORMULATION

NAJOR [NTER-REGIONAL LINKS OF UNTFORM STANDARD

To CONTROL NATLONAL AND INTERNATIONAL AIR TRAFFIC

To SET NINIKUN STANDARDS FOR ALL ALRPORTS AND TRAFFIC CONTROL

THOSE SERVICES VITHIN AREA OF JURISDICTION.

LIATSON ¥ITH OTHER FS'S T0 ENSURE UNTFORNITY OF STANDARDS ks FOR LOCAL GOVERNNENT LIATSON VITH OTHER FS'S T0 ENSURE UNIFORNITY

To [DENTIFY CONSUNER

To ASSIST AND SUPPORT

To [DENTIFY AND APPLY, VHERE ABLE, THE NOST ECONONIC AND APPROPRIATE SOLUTIONS T0 SATISFY NEEDS AT LOCAL LEVEL

NEEDED) [N [DENTIFYING AKD SUPPLYING SOLUTIONS T0 SATISFY CONSUNER NEEDS

NEED

To PROVIDE AND NAINTAIN

LOCAL AUTHORITIES AND CONNUNITIES (WHERE

To PLAN AND DEVELOP

REGIONAL RESOURCES TO SATISFY NEEDS AT REGIONAL LEVEL.

To TDENTIFY AND QUANTIFY THE COUNTRY'S TOTAL ENERGY AND WATER NEEDS

To PLAN AND DEVELOP INTERNATLONAL AND INTER-REGIONAL RESOURCES TO PROYIDE FOR THE COUNTRY'S TOTAL NEEDS FOR THE SHORT,NEDIUN AKD LONG TERN

1 GOVERNHENT BUILDINGS

To PROYIDE FOR OVN KEEDS

To PROVIDE FOR OVK KEEDS

To PROVIDE FOR OVN HEEDS

AL To PROVIDE PROFESSIONT

AXD TECHNICAL SUPPORORTo THOSE LOCAL AUTH TIES LACKING THIS

IC To PROYVIDE NINTHUN BAS AKD RE TU INFRASTRUC SERVICES TO THOSE 0F CONMUNITIES [NCAPABLE OWN IR PROYIDING THE

POSTAL AND TELECOMNUNI-

CATION SERVICES

PARTICIPATE [N CENTRAL

GOVERNNENT POLICY DETERMINATION

As FOR LOCAL LEVEL

SOLE RESPONSIBILITY FOR

REGULATING THE POSTAL. RADLO AND TELECONMUNTCATIONS ACTIVITIES OF THE COUNTRY AS A VHOLE

To WAKAGE FREQUENCY ALLOCATIONS

S

T

BT e e

STATE THE CONSTITUTION OF THE KEI PREAMBLE

We, and

diverse

for

prosperity

and

freedoms an

open

of

the

ideals

social responsibility,

for

government

promoting

our

serving

and

individual

needs,

a

with and

interests

and

rights

and

this

establish

and

ourselves

justice

a foundation

to provide

ordain

hereby

provide

to

State

Kei

the

constitution

and determined do

society,

just

and

of

promotion

the

to

committed

all,

freedom,

democracy,

of

have

which

evils

and

failures

past

the

mindful to

aspiring

us,

beset

for

heritage,

of our rich

in full awareness

people of the Kei State,

the peace-loving

system

of

aspirations,

both individual and collective.

CHAPTER

CHARTER

1.

OF RIGHTS

1

AND RESPONSIBILITIES

FREEDOMS

ms Guarantee of rights and freedo

(1)

This

Charter subject

herein, law

as

can

guarantees

the

only to such be

rights

reasonable

demonstrably

freedoms

and

limits

justified

in

set

prescribed a

out by

free

and

rights

and

democratic society.

(2)

Any

aggrieved

freedoms the

such

avers

a violation

of the

heard by herein shall be entitled to be y, and upon Court as a matter of urgenc be entitled to violation prima_facie, shall

guaranteed

Supreme

proving

party who

2 preliminary

the

pending

relief

determination

final

of

the

matter.

freedoms

Fundamental

All persons

have the fundamental

freedoms -

(1)

of conscience and religion ;

(2)

of thought,

(3)

of peaceful and unarmed

(4)

of association.

speech

belief, opinion,

and expression,

communication freedom of the press and other assembly

media

including

;

;

Right to life

1

All persons have the right to life.

(2)

No

court

sentence

or

tribunal

of death

have

shall any

upon

power

the

person,

and

to

impose

no execution

a

shall

take place in the Kei State.

Right to liberty and security

(1)

All persons

and

the

accordance

have

right

of person

the right to liberty and

not

to

be

deprived

security

of person,

thereof

except

ental justice. with the principles of fundam

in

3

All persons

(2)

(4)

All

persons

or

t Of punishment. or degrading treatmen

to cruel, inhuman

(3)

to torture

ected right not to be subj

the

have

to

not

right

the

have

to

subjected

be

arbitrary

bail. isonment of denial of arrest, detention, impr

All persons

onable secure against unreas have the right to be

search or seizure.

(5)

have

in custody

or detained

arrested

are

who

All persons the right -

(a)

;

ounds therefor understand of the gr

(b)

instruct

and

retain

to

a legal

they

language

a

in

promptly,

informed

be

to

practitioner

of their

; formed of that right choice and to be in

(c)

be

to

or

released

charged

and

within

a

released

on

tried

reasonable time ;

(d)

(e)

except

on

good

cause

shown,

to be

al ; fair bail, pending tri

ion idity of their detent to challenge the val a

court

of

law,

and

ful. detention is not law

to

be

released

before if

such

5.

i

Right to fair trial

(1)

In the determination charges

criminal

any

right

to

impartial law:

fair

a

them,

public

hearing

by

or

tribunal

court

that,

the

where

hearings

require,

otherwise

independent,

an

of

interests

may

or the

have

persons

all

against

competent

and

Provided

or morals

and

obligations

and

of their civil rights

established juvenile

be

by

persons

conducted

in

camera.

(2)

All accused

personsEhave the right -

(a)

of

understand,

they

language

unreasonable

without

informed,

to be

which they are charged

the

e time ; to be tried within a reasonabl

(c)

to

presumed

until

innocent

ing according to law, after hav of

calling

called against‘them

(d)

to be afforded

preparation

and

witnesses

offence

with

proven

guilty

had the opportunity

cross-examining

those

;

adequate

and

in a

;

(b)

be

delay,

time

presentation

and

of

facilities for the

their

defence,

of and during the trial ; before the commencement

5

represented

to be

(e)

and

choice,

of their

practitioner

by 2 legal

of this right at the

to be informed

earliest opportunity ;

not

do

if they

(f)

to the

or are deaf,

are conducted

the proceedings

in which

language

the

understand

assistance of an interpreter ;

be

to

not

(g)

offence

time when

any

of

(i)

not

to

any

testimony

criminal

act

or

omission

offence

admitted obtained

in

they

of which

for an offence

icted have been finally acquitted or conv

have

at the

;

it was committed

not to be tried again

any

a criminal

not constitute

(h)

of

convicted

or

account

on

or did

which

for

tried

;

against

evidence

Section

of

in violation

them, 4

(2) of this Charter ;

]

convicted,

if

exceeding

that

not

which

of the commission

(k)

to

appeal

to

error of law.

to

a

have was

penalty

applicable

tribunal

at the

time

;

of the offence

a higher

imposed

on

the

grounds

of

6 All

‘)

spouses,

their

of

themselves

against

testimony

to

give

who

shall

compelled

pe

to

not

right

the

have

persons

ary union. include partners in a custom

y Right to privacy and dignit

have

All persons

or reputation.

honour

dignity,

their privacy,

with

to interference

jected the right not to be sub

Equality rights

(1)

and

an

have

gender,

sexual

equal

descent,

orientation,

of

right

opportunities

economic of

protection

equal

right to the

and

free from

discrimination

and

social on

grounds traditions,

language,

affiliation

political

religion,

law,

of the

political,

to

colour,

creed,

origin,

benefit

equal

access

race,

have the

under the law and

are equal before and

All persons

ability. mental or physical dis or , tus sta ial soc , or belief

(2)

The

of sub-section

provisions

programme

Of

amelioration

of

groups,

including

which

activity condi&ioné those

(1) do

of

has

its

as

disadvantaged

disadvantaged

any

law,

object

the

preclude

not

by

individuals

or

any

of

virtue

of

sub-section (1. the grounds set out in

vement Right to freedom of mo

the State. All citizens of Kei the ve lea to ht rig All persons have the tted to rsons lawfully admi pe all d an ica Afr South Eederal Republic of

7 permanent

Africa have the

Republic of South residence in the Federal

Kei State. and take domicile in the ide res , ve mo , vel tra right to Right to citizenship

Republic of South

All citizens of the Federal State

Kei

for

of

period

a continuous

at

in the

Africa domiciled months

six

least

be

shall

arbitrarily deprived have the right not to be their citizenship. ied the right to change of their citizenship nor den

citizens of the State and

10.

Political rights All citizens of 18 years

(%]

in

representatives,

and

free

secret,

personal,

of age or older

stand

to

and

equal

have

the

right to vote

elections

for

such

in

candidates

as

public

are eligible in law to stand. elections in which they

ht t0 form All citizens have the rig

(2)

political parties,

to join or abstain

right not to be compelled

from

and the

joining

any

political party.

1.

Right to education

(1)

ion. to receive a basic educat t righ the e hav s son All per law

shall

determine

the

period

and

minimum

The

educational

sory education. requirements for compul

(2)

All persons institutions.

have

the

right to establish

private

educational

8

on participate in the administrati All parents have the right t0

.(3)

12.

s schools. and operation of their children'

Right to work

All persons

ice have the right to free cho

favourable

conditions

unjust

against

protection

to

and

work

of

to just and

of employment,

. interference in the workplace

13.

Right to property

(1)

and

acquire,

own

movable

property,

and

bequeath

to

to the

subject

individually their

forms

all

of

dispose

their

to

exercise

heirs

with or

State's

of the

to

State

and

immovable

of

or in association

property

reasonable

Kei

of the

part

in any

right

the

have

persons

All

others

legatees, power

of

taxation.

(2)

The may the

14.

body

or @ competent

State

expropriate prompt

in the

property of

payment

fair

with

determined

by law.

public

market

requ'iremen(s

accordance

authorised

or organ

and

law

subject

to

compensation

in

interest

value

by

procedures

1o

be

of

their

Right to family life

All

persons

of

full

age

have

a family. choice, and to establish

the

right

to

marry

persons

‘

s Duties and responsibilitie

and

rights

The

(1)

shall

relations

discrimination,

aimed

others,

and and

consider to and

all

and

interest,

safeguarding,

at promoting,

of

freedoms

respect

to

exercised

be

shall

common

and

duty

without

beings

fellow

the

have

and

rights

the

morality

security,

collective persons

to

regard

due

with

of all persons

freedoms

their

maintain reinforcing

tolerance. mutual respect and

All

(2)

citizens

the

of and

this charter

offices provided solemn

have

the

duty

to

All those

who

hold

any

shall

State

constitution.

on for in this constituti

affirmation

constitution,

Kei

to

and

uphold

and to obey

the law

of the

shall take an oath

defend

and

uphold

this

exercise

charter

or and

their public

ity and honour. functions with dign

CHAPTER

2

E E alST RN=S TH =eAT Jlll

16.

Supremacy

i of the constitution

State and shall e Jlaw of the Kei em pr su the be ll This constitution sha all judicial extent possible in be

applied

and

enforced

to the fullest

procedures and administrative

te. control of the Kei Sta

the l relations under and in interpersona

.7,

Territory

The

M

the

of

territory

(2)

of

consequence

Kei

State

negotiations

with

of

boundaries

the

Republic

Federal

the

take of

support

place

unless

such

the

majority

of

Kei

with

and

Africa,

that,

where

entails the exclusion

of the

: Provided

of the

obtained

has

to

entitled

State

Kei

the

referendum

a

in

voting

those

adjustment

no such

State,

adjustment

all citizens

amongst

conducted

the

from

district in question shall

adjustment

boundary

a proposed

member

neighbouring

Africa

of South

in

adjusted

be

may

Republic of South

states within the Federal

the

of

comprised

be

1.

in Schedule

districts mentioned

The

shall

State

Kei

district in question. vote and domiciled in the

18.

Africa eral Republic of South Relationship with the Fed

M

The

Kei

is @ sovereign

State

the

of

state

member

Federal

Republic of South Africa.

(2)

The

the

member

states

the

other

Africa

Republic

Federal

towards

of the Federal

member

insofar

states

as such

rights, freedoms

and

Federal do

obligations

and

of South

Republic

obligations powers

Africa

of South

of the

its

uphold

and

recognise

shall

State

Kei

not

guaranteed

Republic infringe

the

other and

Africa of

South

upon

the

by this constitution

State. State and to the Kei to citizens of the Kei

1

19.

erable. lienable and untransf ina is on ti tu ti ns co this

Symbols

The

|

sovereignty

The

(3)

.

under

by and

asserted of the Kei State as

of State

coat

arms,

of

anthem

by a law adopted

determined

and

be

shall

State

Kei

the

of

flag

in

e voting thereon by two-thirds of thos

mbly. the Legislative Asse

Federal law

20.

and

All statutes of South

lawfully

and

principles

Republic

of South

Africa

the Federal

regulations

Republic

by the Federal

adopted

law

of international

as

by

recognised

force Africa shall be of full

effect

and

ions flict with the provis con in not are y the ofar as in the Kei State ins

of this constitution.

CHAP PIRER 32 AFTE CH

MENTAL DIVISION OF GOVERN

21.

Powers

(1)

POWERS

ic of South Africa of the Federal Republ

In

accordance

with

Kei State recognises

Republic

of South

administrative

and

following matters :

the

and

principles

upholds

Africa judicial

of

this

constitution,

the power

to exercise functions

of the Federal

exclusive and

the

legislative,

powers

in

the

12 i |

.

foreign

and

system,

monetary

the

(a)

and

exchange

convertibility ;

external customs,

(c)

international relations ;

(d)

nationality,

of asylum

foreign trade

tariffs and

(b)

immigration,

emigration,

and

;

right

the

;

(e)

defence against foreign enemies

(f)

the

and

structure

;

administration

federal

the

of

system of justice ;

the

(g)

and

structure

the

of

control

federal

public

service ;

(h)

; the enforcement of federal law

(i)

general

principles

development

(i)

general

standards

regarding

population

;

principles

regarding

uniform

educational

;

(k)

health services general principles regarding

U]

federal official languages

;

;

S,

13 ;

marketing

and

economics

(m)

agriculture

(n)

population registration ;

(o)

federal road and

(p)

general principles regarding energy resources

(q)

general

rail transportation

;

services ;

telecommunications

(r)

admiralty and maritime law and regulations ;

(s)

air transportation law and regulations ;

(t)

general

principles

and

radio

regarding

principles

;

regulating

credit

banking,

and

insurance ;

(u)

protection

(v)

principles

general

general

environmental

regulating

;

principles

economic

for

development

the

co-ordination and

commercial

co-operation amongst member states ; of intellectual property

of

rights

(w)

the protection

(x)

ures. legislation regarding weights and meas

;

14 ned in this constitution contai

Nothing

as

such

functions

and

powers

as

may

be

Africa

Assembly

to

of

two-thirds

by

approved

of

South

those

voting

Republic

Federal

the

to

judicial

and

administrative

legislative,

transfer

so

Legislative

the

of

right

the

preclude

to

shall be interpreted

ly. thereon in the Legislative Assemb

(3)

No

legitimately exercised

se in the Kei State if the exerci

of such

and

powers

to citizens

by this constitution

guaranteed

freedoms

rights,

with the

is inconsistent

power

be

shall

Africa

of South

Republic

Federal

of the

power

Kei

State

the

power

of the

and to the Kei State.

(4)

The

Federal

to

summon

territory

of the

external

enemy:

armed

any

of

South

Republic within

Provided of

that

other

Africa

the boundaries

of South

Republic

Federal

forces

defend

to

militia

State

the

shall

Africa

of South

Republic

federal

no

of the Kei

be

Africa armed of

deployed

State

without

and

liberty

the

state

member shall

have

from

an

forces

or

Federal

the or

stationed

the

approval

State. of the Cabinet of the Kei

(5)

The

power

of the

taxes and impose

Federal

Republic

only

Africa

to

levy

or in respect of duties within the Kei State

d activities or properties locate exercised

of South

upon

the advice

Cabinet of the Kei State.

be within the Kei State shall and

with the consent

of the

26

State powers of the

The

Kei

State

have

shall

not

are

which

powers

all those

10

reserved

uth Africa. l Republic of So ra de Fe e th Of the people 4

CHAPTER

THE LEGISLATURE

‘ PART

23.

ASSEMBLY

IVE | - THE LEGISLAT

r Legislative powe legislative

The

(1)

of the

either House save

that

shall

function

legislative

Houses

of

the

by

both

use. and a Lower Ho an Upper House

Governor,

The

in a

vested

be

composed

be

shall

which

Assembly,

Legislative

(2)

power

shall

State

Kei

of the

be

power shall have the

proposed

laws

and

Assembly,

Legislative

exercised

jointly

any

t0 introduce

appropriating

revenues

of

member

legislation, OfF

monies,

Upper House. originate in the t no l\ ha ;s on xati or imposing ta

3)

The

Upper

appropriating may

return

House

revenues any

such

may

not

Of monies law to the

amend

proposed

Of imposing Lower

House

laws

taxation, requesting,

therein. s of provisions em it y an of omission message, the

but by

16 1

Sessions of the Legislative Assembly

a

Legislative Assembly

The

1

session,

commencing

Provided

that each

time

any

by

no

may

House

1

than

later

the

President,

its

in one ordinary

shall meet annually

each

February

be summoned Governor

or

year:

in session

at

petition

of

meet

no

by

one-third of its members.

(2)

25.

shall

Assembly

Legislative

The

to

summoned

be

general election. \ater than 30 days after any

embly Duration of the Legislative Ass

Each

Legislative

Assembly

for four years

shall continue

the day

from

mences. on which its first session com

26.

and dissolution

Prorogation

The

Governor

prorogue

the

may

from time to time,

Legislative

Assembly

by Proclamation

and

may

in like

or otherwise,

manner

dissolve

the Legislative Assembly.

27.

Restrictions on membership

(1

No

persons

shall

be

members

of

the

Upper

House

and

Lower House simultaneously.

(2)

No

persons

shall hold

any other

public

office at the time

embly. ship of the Legislative Ass er mb me to n tio ica lif qua the

R

of

. 28.

Privileges and immunities

(M

in attendance

while

that

in

any

holds

its

witness

a

as

court

on the

Legislative

civil

proceedings

the

at

sittings

shall

Assembly

Legislative

the

of

member

No

or

f. or any committee thereo

Assembly

(2)

may

Legislative

the

in

or

before

said

have

may

or

otherwise

or

motion

resolution,

pill,

petition,

by

brought

have

he

which

thing

or

matter

any

of

reason

by

damages

any

imprisonment

arrest,

proceedings,

criminal

or

civil

liable to

be

shall

Assembly

Legislative

of the

members

no

law,

other

of this orbany

the provisions

Notwithstanding

be

to

attend

court

unless

Assembly, any

in

the

of

seat

required,

Legislative

Assembly.

(3)

No

in which

civil proceedings

Assembly attendance

a

is

Defendant

on the

in a court that

shall,

Legislative

holds

of the

a member while

that

Assembly,

its sittings

be

elsewhere

Legislative

brought than

in

is

member

to trial

at the

seat

mbly. of the Legislative Asse

29.

Remuneration

The

of members

remuneration

determined

by law.

of

members

of

the

Legislative

Assembly

shall

be

18

30.

HOUSE

Il - THE UPPER

PART

Composition of the Upper House

be

local

authorities,

number

their

among

from

elected

be

shall

five

and

rural

and

urban

representing

college

by an electoral

elected

shall

60

whom

of

members,

65

of

composed

be

shall

House

Upper

The

d by law within the Kei State. by traditional leaders recognise

|

31.

Election of the Upper House

of

each

law,

shall

authority

local

such

each

and

representatives according

to

represented

in

established

authority

local

and

urban

of

comprised

be

shall

college

electoral

The

(1

be

n to as is practicable in proportio far as e leg col l tora elec the each constituency: Provided that its of size cal eri num the in the at least one representative e hav l shal ity hor aut l loca

electoral college.

(2)

For

House,

the

the

Upper

House.

If the

place

vacant

of

before

member,

authorities

such

in each

a the

be

the

representatives>in

authorities

(3)

shall

State

Kei

that

ten

college

electoral

member expiration

region

of

the

of the

Upper term

of

local

the

House of

office

in the electoral college

for

which

such

and

regions,

to the

s region shall elect 6 member

the representatives

in

into

divided

Upper

the

of

members

of

election

the

of

purposes

becomes of

such

of local

member

was

19

becomes be

vacant

is that

elected

from

by

recognised

leaders

that where

law

number

their

within

Kei

the

place which

the

person

that

leader,

of a traditional among

until the

vacancy

to fill such

Provided

of the term:

expiration

shall

elect a person

shall

elected

traditional

by

fill such

to

State

tion of the term. vacancy until the expira

\

32.

ers Qualification of memb rs over the age of 35 yea te Sta Kei the of en ci tiz

Any

be elected

may

to the Upper House.

33.

House President of the Upper Upper

The

(1

of

House

other

any

shall,

business,

before

proceeding

sident of the Upper House to be the Pre President becomes as the office of

choose a member

(2)

(3)

The

House,

Upper

the

of

member

a

choose

despatch

to the

and

as often again

shall

vacant

to be the President. of the Upper House office if he ceases

to hold President shall cease

to be a

House. member of the Upper

The

President

Upper

House,

may

be

of he

removed

may

from

resign

the Governor. writing addressed to

office

his office

a vote

by

or

his

of the

seat

by

Absence of the President

Before or during choose

member

a

perform

10

House

Upper

the

of

his

may

House

Upper of the President, the

any absence

duties

in

his

absence.

Resignation of member

35.

the

of

member

A

to

or

President,

the

if

Governor

there

to

the

President,

resign

his

shall become

vacant

if he

writing

by

may,

House

Upper

NO

is

addressed

. ereupon become vacant place, which shall th

by absence

Vacancy

36.

of the Upper House

er The place of a memb

the Upper

fails to attend House

for four

House

weeks

consecutive

permission

without the of any

of the

of the

session

Upper

Legislative

Assembly.

37.

Quorum of members of of the whole number lf -ha one st lea at The presence of a meeting of the ary 10 constitute ss ce ne be ll sha e the Upper Hous Upper House.

38.

House Voting in the Upper

Questions majority

arising of votes,

in and

the

Upper

each

House

member

shall

shall

have

be

determined one

vote:

by

a

Provided

21

the

where

that

equal,

are

PART

Il - THE LOWER

shall

question

the

votes

the

in

pass

negative.

39.

HOUSE

House Composition of the Lower

Lower

The

be

shall

House

of

composed

elected

members

150

the Kei State. directly by the people of

House Election of the Lower

(1

of

Lower

of the

Members

elections,

shall

State

Kei

the

which

basis

constituencies

into

of

such

purposes

for

divided

be

constituency

such

each

50

in

representation

proportional

the

on

shall be elected

House

returning

3

of

members

the Lower House.

(2)

If the

a

member

before

the

expiry

an

election

of

place

vacant member,

shall

of

41.

the

of be

vacancy question to fill such

the

House

Lower term

held

in

of the

becomes

office

of

such

constituency

until the expiration

in

of the term.

Qualification of members

Any

citizen

of the

Kei

State

se. elected to the Lower Hou

entitled

to vote

in an

election

may

be

22 .42.

House

President of the Lower

Lower

The

(1)

proceedifig

before choose

business,

other

any

of

shall,

House

to the despatch of

member

a

Lower

the

as often the Lower House, and of t en id es Pr the be House to vacant shall again ent becomes id es Pr of ice off as the President. Lower House to be the the of er mb me a choose

The

(2)

to be a

office if he ceases

10 hold President shall cease

e. member of the Lower Hous

|

The

(3)

President may or

House,

Lower

be removed

his

resign

may

he

of the

by a vote

office

from

office

or

the

Lower

his

by

seat

the Governor. writing addressed to

43.

ent Absence of the Presid

Before

or during

choose

any

a member

absence

of the

of the

Lower

President,

House

may

House

to

perform

his duties

in his

may,

by

writing

addressed

to

the

resign

his

absence.

44.

Resignation of member

A

member

President,

of

or

the

to

Lower

the

House

Governor

if there

is

. ereupon become vacant place, which shall th

No

President,

@

by absence

Vacancy

5

of the Lower

The place of a member fails to attend

House

for four

consecutive

the

without

House

Lower

the

weeks

of the

session

of any

Lower

of the

permission

if he

vacant

shall become

House

Legislative

Assembly.

Quorum

46.

The

presence

the

Lower

of at least one-half

House

be

shall

of the whole

necessary

of members

number

of the

a meeting

to constitute

of

Lower House.

47.

Voting in the Lower House arising

Questions

(1)

shall be

House

determined

by

ent. than those of the Presid a majority of votes other

The

(2)

President

shall not vote

unless

numbers

the

are

equal,

a casting vote. and then he shall have

PART 1V - PROCEDURE

48.

in the Lower

ASSEMBLY

OF THE LEGISLATIVE

Rules and orders

Each with

House respect

of the Legislative to

the

order

Assembly and

may

conduct

rules

make of

its

and

business

the other House. arately or jointly with proceedings either sep

orders and

@ s

Appropriation bills

A

ordinary

services

annual

such

with

only

deal

shall

of the Government

the

for

monies

or

revenue

appropriates

which

law

proposed

appropriation.

50.

Tax bills taxation

A proposed

law

of taxation,

and

ling any provision therein dea

imposition

the

with

only

deal

shall

imposing

any other

with

matters

shall be of no effect.

5l

ly of the Legislative Assemb Public Access to sittings

of the

All meetings members

52.

Legislative

and

in public

held

be

shall

Assembly

access to such meetings. of the public shall have

the Houses Disagreement between

(1)

House

amendments and

oOrf

rejects

if after

again

interval the

passes

amendments

fails

which

Lower

the

three

of

have

been

passes

House

will

months

the

with

or

law

proposed

or

it

pass

to

which

with an

law, and the Upper

passes any proposed

If the Lower House

made,

to by the Upper

House,

and the Upper

not

agree,

the

not

agree,

Lower

House any

without

suggested, House

with

it

or

agreed

rejects or fails

the Lower h amendments 10 which wit it ses pas or it s to pas House

will

Governor

may

convene

a

s of both Houses. sitting of the member

d"'

R

joint

25 President

(2)

The

(3)

The

Houses. sittings of the members of both

members

Lower

by the

the other,

absolute

an

proposed

if the

of

shall be taken

to have

been

law,

an

absolute

affirmed

by

members

present and

duly passed

with

if any,

amendments, majority

of

total

the

it shall be taken

voting,

members

the

number

the

by

are affirmed

total

of

majority

present and voting

not agreed to by

and which

amendments

any such

and

which

if any,

amendments,

upon

therein by one House

made

been

have

and

House,

law as last proposed

the proposed

upon

and

deliberate

at the joint sitting may

present

shall vote together

53.

joint

at

preside

shall

House

Lower

the

of

and

carried,

sO carried

is

number

of been

to have

islative Assembly. by both Houses of the Leg

Assent to bills

(1)

proposed

A of

the

law

approved

Legislative

text

in identical

Assembly

shall

by

both

transmitted

be

Houses to

the

promulgation. Governor for signature and

(2)

The

Governor

shall

have

the

power

to

veto

proposed

the

and in pect of specific provisions, law in its entirety or in res ed to the ed law shall be return such instance the propos as the er with such amendments Legislative Assembly togeth

Governor may recommend.

e

e

.

26

®

(3)

Assembly

Legislative

If the

House

each

votes

by

veto,

the

the

to override

majority

absolute

Governor

of

sign

shall

and promulgate the law.

The

(4)

be

shall

law

Governor's

promulgated

signature,

and

within

ten of

become

shall

days

from

the

full

force

and

effect upon promulgation.

CHAPTER

6

IVE CUT EXE E IV THE UI EAEL IHE

PART

54.

1 - THE GOVERNOR

Executive authority

The

executive

authority

of the

Kei

State

is vested

in the

Governor,

Cabinet. acting in consultation with the

55.

Office of the Governor

m

The

Governor

is the

chairman Head of the Kei State and the

of the Cabinet.

(2)

The

Governor

exercise

office.

any

shall other

not trade

hold or

any

other

profession

public during

his

office

or

term

of

vernor 56Flection of the Go The

(1)

e only once. m of office renewabl ter r ea -y ur fo a for election

Any

(2)

57.

constituency

by @ State-wide

shall be elected

Governor

the

over

State

Kei

of the

citizen

of 40

age

may

years

. be elected as Governor

vernor Incapacity of the Go

the

Should

(1)

by

ascribed

this

constitution

the

President

by

exercised

incapacitated,

become

Governor

that the Secretary

to the

of

Governor

the

Upper

of State for Justice

the

House:

functions be

shall

Provided

an shall act as chairm

of the Cabinet.

(2)

58.

Should

become

permanently

the

incapacitated,

an election. House shall call out r pe Up the of t en Presid

Impeachment

(1

the Governor

of the Governor

The Governor the term by

a

absolute

for which

of office

resolution

the end of from office before been elected the Governor has

be removed

may

impeaching

majority

session summoned

of

the

the

Governor

Legislative

by

adopted

Assembly

of the Lower by the President

in

a

House.

an

joint

28 Governor

The

(2)

may

grounds

violation

a

of

be

only

of

removed the

from

office

on

@

crime

constitution,

the of

ty of treason. violence or dishones

59.

of the Governor

Remuneration

by law.

determined Governor shall be the of on ti ra ne mu The re

T PART Il - THE CABINE

60.

Composition

of the Cabinet

d Secretaries of of the Governor an t is ns co ll sha t The Cabine may and the Governor e, at St of nt me part State for each de me to as he may from ti e at St of s nt me rt establish such depa

(1)

time deem

necessary.

d nominated shall be selected an e at St of s ie ar et The Secr

(2)

by

the Governor.

(3)

Within

ten

composition

days

from

nomination

the

of the Cabinet

of

the

shall be confirmed

Cabinet, by

a vote

the of

ative Assembly. uses of the Legisl Ho th bo by ce en confid

61.

es of the Cabinet Functions and duti

(4]

The

members

of

the

es : functions and duti

Cabinet

shall

have

the

following

29 (a)

of

Legislative

Assembly

prevailing

legislation

the

on

para-statal

G.overnor

and

the

desirability

of

any

the

to advise

and

enterprises,

to

pertaining

regulations

or

activities

the

and

State

of

departments

supervise

and

co-ordinate

to direct,

rprises ; such para-statal ente

(b)

Assembly

and

explain

thereon Legislative Assembly

(d)

or

law

by

National

for the

its

and

State

and to report to the ;

other functions

out such

them

to

the

plans,

development

economic

assess of

pudget

the

Assembly

to carry

Legislative

the

;

to formulate,

(c)

to

submission

for

bills

initiate

to

assigned

as are

such

are

incidental

to

the

Legislative

Assembly

assignment ;

to

(e)

meetings

attend to

be

available

queries

and

debates

and

wisdom,

of

effectiveness

for

the

pertaining and

of

purposes to

the

any

legitimacy, Cabinet

of

objectives

policy.

(2)

All members for and

the

accountable of the Cabinet shall be

administration

collectively

for the

of

their

own

individually

departments

administration

of the

of

work

State,

of the

30 Cabinet,

both

to

Governor

the

and

to

the

Legislative

Assembly.

Tenure of office of the Cabinet

62.

pleasure of the Governor : Secretaries of State shall hold office at the of the e to all members Provided that, upon seven days notic onfidence may be adopted Legislative Assembly, a resolution of no-c , in which instance the by both Houses of the Legislative Assembly and et shall be selected Cabinet shall resign and a new Cabin

nominated

63.

by the Governor.

Remuneration

The

of the Cabinet

remuneration

of members

of the Cabinet shall

be determined

by

law.

64

Incompatibility with other office

other public office or exercise A Secretary of State shall not hold any his term of office. any other trade or profession during

65.

Actions subject to review

All

actions

of the

subject to judicial

of the

public

administration

review for violation

of the

law or improper

Cabinet

discretionary powers.

and

shall

be

use

of

31 CHAPTER 6 THE JUDICIARY

Judicial power and courts

66.

judicial

The Court

of

power

of the

Kei

State

Kei

State,

and

in

the

Independence

name

(2)

without

administered

be

shall

in the

favour

or

fear

e. of the people of the Kei Stat

not

may

shall

Magistrates

and

Judges and

the

as

courts

State

of the judiciary

Justice

(1)

other

such

Supreme

in the

vested

be

invests with jurisdiction.

Legislative Assembly

67.

shall

be

from

removed

be

only

subject

than

other

office

to

law,

the with

the

Service Commission. authorisation of the Judicial

68.

Composition

(1)

The

mission of the Judicial Service Com

Governor

be

shall

the

chairman

of

Service

Judicial

the

Commission.

(2)

The

Judicial

advocates, ten

members

Commission

shall

be

composed

be

selected

from

amongst

attorneys

and

university

law

professors

years

nominated

of

profeSSionaI

by the judges,

experience,

five members

of

judges,

1o

members

twenty

least

Service

with

with

at five

nominated

32 professional

by the

members

three

members

two

69.

nominated

members

of

attorneys. and

Assembly

Legisla(ive

by the

five

sors. sity law profes er iv un by d te nomina

Commission Judicial Service e th of ce fi of Tenure of

Members

Commission

Service

Judicial

the

of

one

for

serve

shall

five-year term.

non-renewable

70.

association

professional

the

by

nominated

of advocates,

association

mmission cial Service Co di Ju e th of es duti Functions and Service

Judicial

The

(1)

principles

fundamental services

on

the

by @ general

established

the

administer

shall

Commission

judicial

of

organisation

ted law to be adop

by the

mbly. Legislative Asse Service

Judicial

The

(2)

rules

administer

on

the

establish

shall

Commission

appointment

and

qualiflcation

and of

cial conduct. a code of judi d an s, te ra gist judges and ma

(3)

The

Judicial

investigate received

(4)

The

all

complaints

againts

receive

shall

judges

and

prosecutors

and

people. net and the from the Cabi

Judicial

adopted

Service

Commission

by

Service any

court

Commission for

the

shall

regulation

ministrative the related ad d an it, re fo be

approve of

function.

rules

proceedings

33 Service

Judicial

The

(5)

other

such

perform

shall

Commission

or any

for it by this constitution

functions as are prescribed other law.

71.

Prosecutor-General

There

(1

on

the

Commission.

No

Governor

unless such person

such

person

to

:

which

entitle

courts

of

the

conscientiousness

and

qualifications

legal

acquired

has

(a)

as

nt shall be eligible for appointme

person

Prosecutor-General

Service

Judicial

the

of

recommendation

the

by

appointed

Prosecutor-General

a

be

shall

all the

in

practise

State ;

is, by virtue of experience,

(b)

integrity with

the

person

proper

a fit and

of

responsibilities

to

entrusted

be

the

office

of

Prosecutor-General.

(2)

shall be:

of the Prosecutor-General The powers and functions

(a)

to

prosecute,

constitution,

subject

the

to

in the name

of the people

State in criminal proceedings

(b)

to

prosecute

and

provisions

defend

of

of the

this Kei

;

appeals

Court ; proceedings in the Supreme

in

criminal

34

(©

®

to

of

;

such powers

(d)

ercise relating to the ex

all functions

to perform

delegate

10

subordinate

perf orm

all

such

authority

officials

to

y court ; proceedings in an conduct criminal

to

(e)

to

assigned

other

of

office

the

functions

as

be

may

in

al

Prosecutor-Gener

r law. terms of any othe

ER R 77 PTTE HAAP CH

E NCLE NARN FINA FI

72.

Fund

nue Consolidated Reve

All revenues

State

or m onies

for the

Consolid ated

one

shall form

pur poses

or received

raised

Kei

of the

State

Revenue

by the Cabinet

Fund,

in th e manner

of the

Kei

to be ap propriated and

subject

10 the

nstitution. es im posed by this co charges and liabiliti

73.

ure Charge of expendit

The

costs,

charges

management

and

receipt

ge form the first char

ce in the first instan

the Kei State.

and

thi

expenses of

ereon,

the

incidental

Consolid ated

and the revenue

payment be applied to the

to

the

Revenue

collection, Fund

of the Kei State

shall

shall

of the expenditure

of

35 .4.

ed by law to be appropria(

Money

No

money

n shall be draw

ation under appropri

the treasury

from

except

State

of the Kei

by law.

made

8

TE ER 2 IR CHHAP AF C

MAN THE OMBUDS

755

ce and independen

Establishment

shall

There

(40

be

an

powers

the

have

shall

who

Ombudsman

nstitution. ed by this co gn si as s on ti and func shall

Ombudsman

The

(2)

independent

be

only

subject

and

to

w. on and the la the constituti

member

No

(3)

any

functions

of the

constitution,

accord

such

protecflon

Cabinet

and

assigned

all other

assistance

as

ndence, of the indepe

to the

organs may

be

dignity

of

Of

Assembly

in the

dsman th the Ombu wi e er rf te in shall

other person

exercise this

of the

Legislative

orf the

by

Ombudsman the

State

required

shall

for

ess and effectiven

the of

n. the Ombudsma

(4)

or the Kei State, of e dg Ju a er pe an shall eith such The Ombudsm ions entitling at ic if al qu l lega essing the a person poss State. ts of the Kei ur co e th all tise in person to prac

36 dsman office of the Ombu of rm te d an t en Appointm

.76.

The Ombudsman

(1)

on

Governor

Service

Judicial

the

of

recommendation

the

by the

by Proclamation

shall be appointed

Commission.

The

(2)

office

shall hold

Ombudsman

of sixty-five

age

until the

years.

77.

dsman wers of the Ombu Functions and po

The

prescribed

powers

and

functions

of the

Act

an

by

Legislative

Assembly

and

defined

be

shall

Ombudsman

of the

include

shall

and

the following :

to

duty

the

(a)

instances

apparent

the employ

of any organ or

corruption

properly

Kei State

of the of an inhabitant

treatment

or

abuse

constitution,

this

by

guaranteed

of

be

of Government,

conduct

rega(ded

by

such

as unlawful,

unfair

power,

of by

an official

manifest

Of

oppressive

in

injustice,

which

official

or

freedoms

and

rights

of

violations

alleged

concerning

complaints

investigate

would

unfair

in a

& democratic society

(b)

the

duty

functioning

to

investigate

concerning

complaints

ice of the Public Serv

Commission,

the

administrative

force force, the police e nc fe de e th e, at St organs of the Kei mplaints relate to such rvice in sO far as and the prison se

co

37 access

equal

py

all to the

or

services

of such

recruitment

such services ; fair administration of

(c)

the

duty

actions where

by persons, such

d freedoms guaramee

(d)

and

rights

of

violations

allege

complaints

utions other private instit

and

enterprises

and

practices

concerning

complaints

to ‘investigate

; by this constitution

to call for the appropriate action ke ta to r we po d the duty an and injustices of al rs ve re d an on correcti remedying, through ws and regulations la , ms do ee fr , violations of rights ing : d effective, includ an er op pr r, fai such means as are

(aa)

concerned

(bb)

and

negotiation

causing

compromise

petween

complaint,

along

parties

the

;

the

to

thereon

findings

Ombudsman's

the

with

reported

be

to

; offending person the superior of an

(cc)

(dd)

, referring the matter

along

n's with the Ombudsma 5

-General to the Prosecutor recommendations

bringing

proceedings

jurisdiction remedy action

for

an

court

a

in

interdict

of

ination to secure the term or

abandonment

conduct

or

the

of the offending

of

competent

other

suitable

of the offending modification

procedures

;

orf

38 bringing

(ee)

jurisdiction

of

constitutionality

the

challenge

to

competent

of

court

a

in

proceedings

ons ; validity of regulati legislation or the

review

the

(f)

to

spirit

production investigation contempt

of the

Ombudsman's

and

the

to

any in

to

cause

anyone

subpoena

to be

prosecuted

Ombudsman,

the

by

relevant

records

and

documents

of

;

of witnesses

the appearance

to compel

power

the

(e)

thereon

Assembly

e and the Legislativ

Cabinet

the

Governor,

the

t0

recommendations

or

make

to

and

constitution

this

of

letter

the

violate

they

whether

ascertain

in order

of this constitution

the enactment

before

operation

in

were

as

laws

such

of

and

tion . competent iurisdic before a court of

the

(f)

power

to

te person to co-opera truthfully

and

and

person,

n with the Ombudsma any

frankly

which

knowledge

any

question

may

relevant

to

any

require

any

and to disclose such

within

information

be

to

person's

investigation

of

the Ombudsman‘;

(g)

the

duty

to

report

annually

to the

Ombudsman's the exercise of the

Legislative

Assembly

ons. powers and functi

on

Removal from office

The

1

Ombudsman of

expiry

the

Governor

the

on

from

re moved of

office

of

term

acting

be

may

the

office

before

the

by

the

Ombudsman the

of

recommendation

Judicial

Service Commission.

The

(2)

Ombudsman

only

removed

be

office

from

on

the

misconduct. incapacity or gross al nt me of s nd ou gr

Power

79.

may

of delegation

wer or duty to delegate any po r we po the ve ha shall The Ombudsman inted by the t o assistants appo on ti tu ti ns co s thi assigned to him by e Commission. the Judicial Servic of on ti da en mm co Governor on the re

CHAPTER 9

MMISSION PUBLIC SERVICE CO

80.

Composition

(1)

(2)

e Commission of the Public Servic

There

shal | be

a

Public

Service

Commission

which

shall

re than than three nor mo ss le t no an consist of a chairm and by the Governor d te na mi no d an ed six persons select solution. e Assembly by re iv at sl gi Le the by appointed

The

and

Public

Service

impartial body.

Commission

shall

be

an

independent

and

40

member

Each

(3)

a

for

office

the

before reason,

Provided shall

be

of

years

unless

that

period

for pe

10

procedures

lawfully

removed

and

sufficient

good

Commission of such

expiry

the

upon

ent eligible for reappointm

:

law

by

prescribed

of the Public Service

member

that any

member's

81.

of

expiry

in terms

five

of

period

hold

shall

Commission

Service

Public

of the

. ordinary period of tenure

Service Commission Functions of the Public

(1)

The

of

functions

defined

Assembly,

following and shall include the

(a)

advising

categories and

suitable

of

appointment of

to other

:

employment

in

public

the

in terms

of this

operations

of

offices

specified

to

persons

the

on

Cabinet

the

and

Governor

the

Legislative

the

of

be

shall

Commission

Act

an

by

prescribed

and

Service

Public

the

service,

constitution

or any other law ;

(b)

overseeing

the

impartiality

equal

access

employment offices ;

Kei

waste, and py

citizens

opportunities

10

ensure prevent

to

nepotism,

corruption, and

disfunctions, all

public

State

efficiency,

and

governmemal inefficiency

the

of

admin{stration

the

to

the

offered

to

guarantee

services

by

and

public

41 advising

of

exercising

the

and

of,

penefits

retirement

and

remuneration

the

on

Cabinet

the

c servants ; control over bu bli ry na li ip sc di te ua adeq

and

requirements

on

Cabinet

the

advising

ic office. ing any given publ ld ho for ns io at ic qualif

The

(2)

Public

Commission

Service

shall

to the

annually

report

tions. exercise of its func the on ly mb se Legislative As

CHAPTER

10

LOCAL GOVERNMENT

82.

Local government

Local

government

Assembly

shall

be

cons tituted

by

an

of the

Act

Legislative

for :

made provision shall be in terms of which

ies | rural local authorit d an n ba ur of s ection regular and fair el

(a)

representation

(b)

of

traditional

leaders

recognised

; within the Kei State

(c)

; and office bearers qualification of voters

(d)

; delimitation of authorities

(e)

and duties ; powe rs, functions

by

law

42 . legislative procédures

(f)

'

83.

Traditional leaders

Subject

to

authority

provisions

the and

functions

of

this

constitution,

of traditional

status,

the

recognised

leaders

powers, in the

law

by

. and codified by law

recognised Kei State shall be

CHAPTER11 AMENDMENT

OF QONSTITUTION

hts and freedoms Entrenchment of rig

84.

1 of the isions of Chapter ov pr the of any dment of No repeal or amen es or endment diminish am or eal rep r as such constitution, insofa in that ained and defined nt co ms do ee fr d e rights an derogates from th such nstitution, and no co s thi r de un e permissibl Chapter, shall be and or have any force id val be ll sha t or amendmen purported repeal effect.

85.

t of constitution Repeal and amendmen

(1)

Any

bill seeking

to repeal

constitution

shall

amendments

with

to

be

repealed

or

the

indicate reference

or

amend

to the

amended

the proposed matter other than

and

any

proposed specific shall

of this

provisions

not

repeals

sections deal

sought

with

t. repeal or amendmen

of

any

43 (2)

repeal

any

of

amendment

or

Assembly

Legislative

in the

required

majorities

the

of

provisions

the

for

the

of

this

constitution shall be : House;

of the Upper

s two-thirds of all the member

(a)

and

s of the Lower House. two-thirds of all the member

(b)

CHAPTER12

AND GENERAL PROVISIONS

TRANSITIONAL

86.

ion Ratification of this constitut

This

the

and

in Schedule

1, and

all citizens resident

of Ciskei

Republic

force

into

amongst

conducted

referendum Africa

come

shall

constitution

simultaneously

ratification

its

after

in the

districts

with the coming

a

of South

Republic

of the

in

mentioned

inté force

of the

. l Republic of South Africa constitution of the Federa

87.

mission Transitional Electoral Com

(1)

Within

2 weeks

Transitional Government

from

Electoral of

the

the

of this

ratification shall

Commission Republic

of

of Ciskei. Government of the Republic

constitution,

be appointed

South

Africa

a

by the and

the

44

Transitional

The

(2)

.

by

appointed

members

of the

Government

the

of

4

Republic

of

consist

shall

Commission

Electoral

ic of Ciskei. nt of the Republ me rn ve Go e th d South Africa an

gg.

mmission onal Electoral Co ti si an Tr e th of Functions

Transitional

The

(1)

its

of

month

election

members

of

constituencies

the

for

the

of

members

of

election

the

the

and

House,

Upper

the

of

for

regions

the

determine

appointment,

one

within

shall,

Commission

Electoral

Lower

House.

Within

(2)

of the

ination from the determ

six weeks

s ection of member el e th for es ci constituen

and

regions

of the Legislative shall

call @

provided ectoral offices el e th all fill to general election

for in

Assembly,

Electoral

the Transitional

Commission

. this constitution

The

(3)

electors'

lists for such

conduct

of such for

announcement

89.

Electoral

Transitional

necessary

Commission

and

election

the

prepare

election,

conduct

of

shall

prepare

regulations

the

for the

make

all other

arrangements

such

election,

including

the

the election. of the results of

first Upper House Elections of the

For the

members

purposes

of the

of the Upper

of the Kei State,

general

House

election

contemplated

shall be elected

shall take and the election

directly place

in Section

by the

in the

—T

same

84

people forms

45 prescribed

modalities

and

90.

of the

Lower

each

of the

to form

shall be elected.

6 members

10 regions for which

of members

together

five constituencies

grouping

by

House

election

for the

a and the Republic of Ciskei Property of the Republic of South Afric

of South

the Republic

of Ciskei

Africa or in the Republic

into force of this constitution

prior to the coming

in

vested

ownership

of which

State

Kei

in the

located

property

All

immediately

shall automatically

. be transferred to and vest in the Kei State

91.

Public servants

All

public

public

servants

Republic

in

employed Africa

of South

of the

employ

in the

servants

Republic

of

Ciskei

and

all

the

Kei

State

by

the

territory

the

of

prior to the

immediately

coming

force

into

servants of the Kei State, and shall of this constitution shall be public es and subject to the obligations be entitled to the rights and privileg of this into force prior to the coming immediately applicable constitution.

92.

Application of laws

(1)

to

Subject

operation to the

the

provisions

in the

Republic

coming

to operate

into

in the

force Kei

of

of South of this

State

all

constitution,

this

Africa

immediately

constitution

in those

laws

districts

shall which

ca at such time. part of the Republic of South Afri

in

prior

continue formed

46 immediately in the Republic of Ciskei

operation coming

into

operate

in the

of

Kei

State

which

districts

in those

prior to the to

shan.continue

constitution

this

force

in

laws

all

constitution

this

of

provisions

the

to

Subject

part

formed

at such time. of the Republic of Ciskei

of this constitution

Subject to the provisions

(3)

order

such

make

Proclamation

this such

confirmed

(4)

shall,

order

As soon

may

deem

1

month

within

necessary: of

as are which

remain

to ensure

into force of that

Provided

be

thereof,

date

that

any

into force of this

shall take such

conflict

nce in force as a conseque

steps laws

between

of the‘ provisions

of

(1) and (2) be removed.

s Subject to the provision consultation

in

Proclamation

(a)

the

the coming as is practicable after

necessary

deem

of any

(2) in a district in which

ve Assembly constitution, the Legislati

acting

by

Cabinet,

ve Assembly. by a vote of the Legislati

sub-sections

(5)

he

as

the

prior to the coming

ly it did not apply immediate constitution

constitution,

application

as to the

in sub-section

law as contemplated

one

the

with

in consultation

acting

may,

Governor

this

of

force

into

coming

the

of

year

within

and

make

such

of this constitution, with

the

orders.or

Governor,

the

Cabinet, provisions

may

by

he

may

as

necessary -

to ensure law ;

the effective

application

of any

existing

47

o

(b)

to

determine

powers,

the

functions,

obligations created

(c)

to

(d)

or imposed

any

any of

existing

law ;

the

of

of

or

recognised, existing

law ;

difficulty

arising of

provisions

the

any

rights

provisions

of the

continuation

and government

93.

authorised,

foregoing

or the application

ensure

authorities,

administrative the

devolution

by or under any

section

to

and

duties,

conferred,

resolve

from

vesting

this

of any

administration

in any area in the Kei State.

Short title

This constitution shall be known

as the Constitution of the Kei State.

S

HEDULE

1

ABERDEEN

KOMGA

ALBANY

LADY GREY

ALBERT

MACLEAR

ALEXANDRIA

MARAISBURG

ALIWAL NORTH

MDANTSANE

ADELAIDE

MIDDELBURG

BARKLY

MIDDLEDRIFT

EAST

BATHURST

MOLTENO

BEDFORD

MPOFU

CATHCART

MURRAYSBURG

COLESBERG

NOUPOORT

CRADOCK

NTABETHEMBA

EAST LONDON

PEARSTON

ELLIOT

PEDDIE

FORT BEAUFORT

PORT ELIZABETH

GRAAFF-REINET

QUEENSTOWN

HANKEY

SOMERSET

HANOVER

STERKSTROOM

HEWU

STEYNSBURG

HOFMEYR

STEYTLERVILLE

HUMANSDORP

STUTTERHEIM

INDWE

TARKA

JANSENVILLE

UITENHAGE

KEISKAMMAHOEK

VENTERSTAD

KING WILLIAM'S KIRKWOOD

TOWN

EAST

VICTORIA EAST WODEHOUSE ZWELITSHA

REPUBLIC OF CISKEI

SUBMISSION TO THE COMMISSION ON

THE

DELIMITATION OF REGIONS

-

COUNCIL OF STATE P.0.BOX 1 BISHO 5608

1a76

SUBMISSION TO THE COMMISSION DELIMITATION OF REGIONS

PROPOSAL

| }'

FOR

Introduction

2.

Why Regional/Federal Government

3.

Proposed Boundaries of the KEI STATE

4.

Geographic Considerations

4.1

Historical Boundaries

4.2

Provincial Magisterial and District Boundaries

4.3

Geographic Coherence

4.4

Infrastructure

Economic Aspects 5.1

Economic Functionality

5.2

Economic viability

5.3 5.4

Development Potential Infrastructure 5.4.1 5.4.2

|

L

:

THE

STATE

1.

5.

i

A KEI

ON

Physical Infrastructure Social Infrastructure

5.5

Fiscal Capacity

5.6

The Necessity of limiting Financial and other costs as much as reasonably possible.

7

Institutional and Administrative Considerations 6.1

The need or otherwise to rationalise existing structures

6.2

Administrative Considerations including the availability and non-availability of infrastructure and nodal points for services

6.3

The need to minimise the dislocation of services

6.4

Ciskei/RSC’s etc.

-

The need to minimise inconvenience to the people

Socio-Cultural Considerations 71

Demographic Considerations

7.2

Cultural and Language Realities

Powers and Functions of the KEI STATE A Constitutional Proposal for the KEI STATE 10.

Conclusion and Recommendation.

1378

INTRODUCTION The

Ciskei

Government,

aware

of

the

inadequacies

of

the

present

geographic and economic foundations of- the Republic of Ciskei, seeks in this presentation to promote a realistic and well-founded proposal for a future Kei State. Experience has taught us that sound social, economic

and

administrative

considerations,

and

not

short-term

political objectives, should be the over-riding considerations in the determination of appropriate regional boundaries. This presentation seeks

to

boundaries

analyse

region.

WHY

which

the

will

relevant

serve

considerations,

the

REGIONAL/FEDERAL

best

and

interests

draw

of the

conclusions

people

of

on

the

GOVERNMENT

At a national level, the Ciskei Government believes that much of the political tension presently experienced in the country can be dissipated by vesting optimal legislative and administrative powers in the regions, thereby reducing the intensity of political and executive concentration at the centre. There exists along the eastern seaboard a sense of political neglect by virtue of distance from the centre of power. The establishment of regional and local governments with a appropriate powers will increase opportunities for democratic participation by the people, while rendering government more accountable by bringing it closer to the people. A federation is per definition the type of government to provide opportunities for the accommodation of regional diversity which may otherwise be ignored in a centralised system; particularly where the re-incorporation

a

localised

of the TBVC countries

administrative

vehicle

is concerned,

for

the

this will

provide

rationalisation

accommodation of disparities and systems which have developed, provide opportunity for development strategies designed to meet needs and aspirations of specific communities. The Ciskei autonomous

government.

has at all times regional states

favoured the decentralisation of within a federal or confederal

power form

and

and the to of

The success of a future United Southern Africa will depend

on the successful formation of cohesive regional structures which have the capacity to generate a basic economy capable of providing for the

populations

fundamental

basic

social

needs.

It is an established fact that Ciskei and adjacent Border/East Cape area has been economically depressed for many years and it is vitally necessary that these separate entities should seek to determine their own

needs

and

formulate

regional

plans

to

stimulate

economic

development. This process of regional self determination will be crucial for the future of the region and will need to be negotiated for in the new constitutional dispensations.

1279

traditional of favour

South Africa's in overlooked

Delimitation/Demarcation

STATE

KEI

OF THE

BOUNDARIES

PROPOSED

administrative regions should regions 9 Development the Africa

South

process.

benefit

the

enjoys

not be the in of

strong traditional, historical and natural regions which could satisfy Strong evidence of their the criteria for optimal regionalism. suitability

have

they

that

is

used

been

South

throughout

Africa's

history as the basis for the regional organisation of sports, cultural, political, civic, educational and other civil society purposes.

The traditional regions comprise a number of magisterial districts which have a tried and tested, non-racial, non-ideological historic

“Logic". The well defined magisterial boundaries are the natural basis These for the boundaries of the regions within which they fall. for sound. centuries. the over magisterial districts have emerged reasons. administrative, judicial and other in response to the test of time. thereof could and should therefore

They have stood and been adjusted Magisterial districts or groupings

be used as boundaries.

the

of

demarcation

the

for

point

starting

regional

whilst South Africa's recognised traditional regions and sub-regions differ for certain purposes and in fact sometimes two or more might be combined into a bigger region, which could also be considered, some of regional

some of these regions

communities might consider

distinctive

sub-regions.

to consist

They certainly would satisfy the following criteria which considered to achieve the real benefits of regionalism:i)

should

be

To be sufficiently numerous to reflect and accommodate real traditional, geographic, cultural, political, economic, historic,

ii)

That

areas

iii)

That

are

linguistic

Africans.

sufficiently

are

development

readily

identifiable

ideologically,

neutral

and

racially

diversities.

other

ordinary

for

so as to be conflict

and

South

politically

reducing.

STATE have been drawn along the The proposed boundaries for the KEI districts as shown in rial magiste traditional boundaries of the districts included as well rial magiste Diagram 1. Table 1 indicates the ions. populat ive as the land areas and the respect

The Development regions as a departure point presents certain problems The KEI STATE could in not satisfying the abovementioned criteria.

la§o

pe sub-divided into functional

urce sub-regions as shown on Diagram 2(so used as in accordance with the criteria

CIA 1990). This Demarcation is Social in DBSA publications Economic and

D.

The

concerning

of

objective the

relative

the

DBSA

Memorandum for Region A, B and

assignments

development

strengths

were

and

to

gain

knowledge

weaknesses

of

the

by The divisions could have been achieved lted pevelopment regions. resu have d of which coul utilizing several different criteria allobjective of the study was to main The . in different demarcations of the sub-regions as far maximise transactions within the boundaries e:as possible and the criteria applied wher Geographic Location Nodal Points Availability and comparability of data Population Nature and Scope of economic activity Labour Flows.

i) ii) jii) jv) v) vi)

regions using the present The KEI STATE could be sub-divided into subServices Councils as the point of demarcation of the Regional of logic and is shown on departure. This method has a great deal diagram

3.

The Major

Centres

Commercial

of the

State

are:-

port Elizabeth East London. Queenstown

The proposed

of the State Legislative and Administrative centre

Bisho.

The Sub-regional

KS1

KS2

KS3

Ks4 KS5

Judicial

tions centres with devolved administrative func

-

Uitenhage

-

Aliwal

-

-

Graaf

is:-

are:-

Reinet

North

Queenstown King William's

Town/Bisho.

Centres:-

Grahamstown - Supreme Court Bisho - Local Division

Port Elizabeth

-Local

Division.

1280

Cape Oranje Kel Transkei Qwaqwa

/ Free State

O

®

144

PWV

10

Northern Transvaal

- e-

Satswa

N

OO

A

WON

—

CISKEI 10 Federal State Proposal

PRIESK

e

TOWN.

A.

BRITSTOWN. DE

VICTORIA

WEST.

AAR.

w URRAYS BURG.

COLESBERG

.

VENTERSTAD

STENSERG. MIDDEL

i a

=

BURG.

~ CRADOCK.

ABERDEEN.

ALBERT.

(i . NORTH

¥

%

'WOOE

31vLS 13X a3s0dodd | WvHdovId

HOPE

“7-

@

TABLE

Characteristics of the Magisterial Districts

1.

SqKm

GGP

R/1000

GGPICAPITA

1892

37778

218

71533 53598 33942 71865

222 153 213 238

141119 80170 12576 76985 5050343 092395 91080

332 1 1.38 1.07 730 5.7 137

SUB

POPULATION

AREA

Adelaide

1

17351

Alexandria Bathurst Bedford Fort Beaufort

1 1 1 1

MAGISTERIAL DISTRICT

Albany

REGION

94586

1

32167 35086 15950 2Mm

Hankey

1

25443

Aberdeen Colesberg Cradock Graaf-Reinet Hanover Hofmeyer Jansenville

2 2 2 2 2 2 2

3018 17500 40831 34559 5700 6726 10698

Humansdorp Kirkwood Mpofu Peddie Port Elizabeth Uitenhage Victoria East

Middelburg

Murraysburg

Noupoort

42461 37962 0145 7754 692849 172066 66402

1 1 1 1 1 1 1

2

2

2

81657

374

12200

1461

57400

470

20249

337

Albert Aliwal North

3 3

21439 23905

- Herschell

Lady Grey

Maclear Steynsburg nterstad Hewu

Indwe Molteno

Ntabethemba

Queenstown

3

Mdantsane

| Middlesdrift Statterheim Zwelitsha

117305

1878

i

8598

1810

1450

4

10854

4

11556

4

5

s

3 3

123 248

337982

630 244

2546 1507 659 721

37662 2344062 55532 253194

11.24 138 8.50

450

567141

267

1551

63077

1.57

1320

354926

1.38

51817

79

40086

159 289 208

250

1421

257035

194

38364

17102

212127

335

0.60

3196

2050 162712 208611 40104 29779

wn

23014 23734

1686

4

255 355

1.00

813 1830

2043

4

|

!

1422

95194

5

|

13021

4

5 5 5 5

!

|

21548 8896 573

Catheart East London Keiskammahoek King Williams Town

308

14396

2002

3 3 3.0

4 4

Komga

3623

2401 212 2155

Sterkstroom Tarkastad

Wodehouse

2571

3644

15006

3

|

5742

6015

3

3730 274 78 1759 139 2523

a7

21834

2

Elliot

94928

5322 5039 6786 3680 2380 4584

4681

3

1632

2440 1471 2608 968

345

451 417 3.84 175 205 096 445

2

Barkly East

326325

36137 72900 155078 129767 11700 6437 47565

Pearston

Steytlervill,

4405

R/1000

35960

38255

258

210

0.74

a8y

PHILIPSTOWN. BRITSTOWN. 5

DE AAR.

>VICTORIA WEST.

3,

URRAYS BURG.

ABERDEEN.

:

5 g

:

Ty

A -

-

“

g

KA.

-

RIES

f

HOPE TOWN.

sSNOoID3d-ans TIVNOILONNS 2 Wvdovid

7

JCor FIEFON

\I\IJ HOPE PRIES

TOWN.

FAURESMITH.

KA.

GEORGE: —pacasoorp.

0

X

)

&

4V

-

> OCARAY EAST.

s3idvannog

VICTORIA WEST.

por

6

3

-

AL\

D3H i ONNOD ‘30IAHAS YNOI € INvHOVId

TROMPSBURG.

4.

GEOGRAPHIC 4.1

Historical 4.1.1

CONSIDERATIONS Boundaries Introduction Historically,

established southern

a

at

of

number

places

various

boundaries

what

in

have

is

now

been

the

advent of the and the eastern Cape since the of

the boundaries colonial era. Generally speaking, colonisation white as the Cape moved eastwards various process, the In expanded from the Peninsula. were boundaries sub-district and magisterial district units were defined and two separate political and Keiskamma established in the area between the Keidetail below in rivers. These are described in some roughly chronological order. 1t

should

mentioned

be

history

that

orial exceedingly poor basis for territ justifications

based

on

inherent contradictions.

to overlap

at different

Historical and

an

contain

inevitably

history

times

provides

claims as any

boundaries tend has

one

to freeze

to prove a claim. history at a particular point simply by freezing Counter claims can easily be made history at another point. ries on the Cape's Political and Administrative Bounda Fronti = ner Eastern T ster ta 4.1.2.1

1743

The Cape,

from their As most school children know white ent man per history, school with d ate gin ori settlement at the Cape The under Jan van Riebeeck. of white stock farmers,

the Dutch expansion

so-called

century

northwards The

trekboere,

expanded

first

the

in

Cape

and eastwards. tentative

the

the

eighteenth

settlement

attempts

by

the

eastern putch authorities to define an ars to appe nce ica boundary of any signif the when 1743 mber have been in Nove ynewl the of boundary eastern (as m nda lle Swe of ty established sub-dros as the it was later called) was set out up to r Rive Brak opposite bank of the Bay. and beyond Mossel

1287

Region

D | 6 100

34%

66%

107

616

36

Region

D | 4 700

42%

58%

152

471

31

Ciskei

800

38%

62%

8 100

99

| 3 100

21%

79%

43

654

7

4 500

19%

81%

99 061

45

| 2 834

66%

34%

648

23

Transkei Kei|

Border

STATE

KEI

124

From the rural/urban split point of view, the Kei State proposal has the most merit since it indicates a greater percentage of If it is accepted that the process urban population than rural. of rural to urban migration is inevitable, then this alternative

will (in future) have less of a problem to deal with a comparison In this to any of the other regions being considered here. problem, regard, the proposed Border Kei region has the greatest only

with

likely to jncreasing

19% of

Resources

urbanised.

being

its population

are

be severely strained in coping with the rapidly urbanisation rate in this regional configuration.

Also in the favour of the proposed Kei State, is the fact that it has the lowest population desity i.e. 26 people per square kilometre whilst the Border Kei and Greater Region D region have of 45 and 36 people

densities

7.2

A

built

been

has

culture

common

square

kilometre

respectively.

Realities

Language

and

Cultural

per

by

Xhosa,

the

English

and

It is important Afrikaans speaking people of the region. maintain their should region the of prople however that the Elizabeth Port stown/ Graham The s. culture difference and own

area, for example, the cultural home of the English speaking South Africans, should receive recognition for the important role area

this

heritage. Why

has

Early

plays

in

the Transkei

in the

18th

preservation

the

been

Century

south of the Great Kei,

excluded

Rharhabe

after

from

of

the

the

decided

he had supported

Cultural

British

region?

to find

a new

his father

home

Phalo,

paramount

Gcaleka, position

divided

Ciskei. The

of

Chief

Xhosa

the

brother

his

defeated

and

people,

the rightful successor, who tried to usurp Phalo's whilst he was still alive. Thus the Xhosa people were

into

three

Transkei

has

separate

been

an

states

entity

1903 it was known as the United Justification can be found for region.

on

of

Kwa

Zulu,

Transkei

its

own

since

1894.

Transkei Territories. its inclusion in the

and

From

Little proposed

POWERS AND FUNCTIONS OF THE KEI STATE A proposal for the allocation of functions of central, regional local governments is shown in the following matrix Annexure A.

A CONSTITUTIONAL PROPOSAL A submission

10.

FOR THE KEI STATE

be handled under

in this regard will

and

separate “cover.

CONCLUSIONS AND RECOMMENDATIONS The Ciskei Government stand point on the question of its reincorporation into South Africa has at all times centred on

the nature of the state to be created in South Africa through the process of constitutional reform.

Ciskei has consistently advocated a confederal or federal state made up of autonomous regional states or provinces. Such an arrangement will ensure peaceful co-existance of the many vastly diverse groups whom regard Southern Africa as their rightful home and birth place in the African sun. The

Ciskei

government

the

hands

of

and

the

people

of Ciskei

will

feel

content and confident in placing their future well being into a

regional

government

correctly -structured

Ciskeian aspiration will within the state as proposed. continue to look beyond the local resources of the regional state in terms of sharing in the commonwealth resources of the Federal Republic of Southern Africa.

The principles laid down for Ciskeian independence whereby we would not be worse off, that we would enjoy an appropriate infrastructure similar to that which could be expected of any independent state and finally that we would share in the commonwealth resources of the Federal or

Confederal States.

It is on this basis that Ciskei would advocate the establishment of the new "KEI STATE" state as defined in this memorandum.

;

SUMMARTSF] PROPOSAIS FOR THE ALLOCATION OF FUNCTIONS OF CENTRA

LacAL

EUNCTI0K

REGIONAL

AND [0CAL GOVFRKMENTS

EEDERAL STATE (FS)

CENTRAL

To DETERNINE AND ENSURE EXECUTION OF PUBLIC ADMINISTRATIVE POLICIES OF LOCAL AND REGIONAL LEYELS WITH LOCAL INPUT

To DETERMINE AND ENFORCE PUBLIC ADNINISTRATIVE POLICIES FOR CENTRAL LEVELS

A. GOVERNKENT ADKINISTRATION Pu'

SERVICE CowmIssIon

To EXECUTE POLICY

FORNULATED AT FS

LEVEL

LIatson viTh oTheR FS's TO ENSURE INTER FS-

UNTFORNITY OF STANDARDS PusLIc FINaNCE (Frsca anp MoNETARY)

TREASURY

To DETERNINE / ENFORCE O¥N FISCAL POLICIES

To ENFORCE OWN FINANCIAL CONTROL

To PARTICIPATE IN THE FORNULATION OF NONETARY POLICY AT CENTRAL LEVEL

To FORNULATE, EXECUTE AND CONTROL NONETARY POLICY

To DETERNINE AND ENFORCE OWN FISCAL POLICIES WITH PARTICIPATION FROM LOCAL LEVELS

To DETERNINE AND ENFORCE OWN FISCAL POLICY WITH INPUT FRON LOCAL AND S LEVELS

As FoR LOCAL LEVEL

A FOR LOCAL LEVEL

To UNDERTAKE RESEARCH

To UNDERTAKE RESEARCH OF

B. RESEARCH AND DEYELOPNENT SCIENTIFIC / INDUSTRIAL (INCLUDING NEDICAL AND VATER)

To UNDERTAKE ACCORDING

T0 THE NEEDS OF LOCAL COMMUNITIES

EXTENDING BEYOND THE NEEDS OF LOCAL COMNUNITIES AND UNIQUE

NATIONAL INPORTANCE

T0 THE FS ASRICULTURAL

To UNDERTAKE ACCORDING TO REGIONAL NEEDS

To UNDERTAKE ACCORDING TO NATIONAL NEEDS

Human Scrences

ProvIDE INPUTS TO

ProvIDE INPUTS TO CENTRAL LEVEL

SOLE RESPONSIBILITY WITH SERYICES TO ALL LEVELS

STANDARDS AND NORMS

PROVIDE INPUTS TO

ProvIoe thputs TO CENTRAL LEVEL

SOLE RESPONSIBILITY WITH SERVICES TO ALL LEVELS

NAINTAIN & NILITIA

TO ENSURE THE INTEGRITY

DEFENCE AGAINST FOREIGN ENENIES

NaTromAL INTELLIGENCE

FAINTAIN 0¥N SERVICES

NAINTAIN 0NN SERVICES

CoRRECTIONAL SERVICES

SOLE RESPONSIBILITY

CENTRAL LEVEL CENTRAL LEVEL

C. SECURITY DeFence

OF THE FS

LA ENFORCENENT (tncLunine PoLrce)

To BE APPLIED FOR OWN LEGISLATION

To BE APPLIED FOR OWN LEGISLATION AND CONNON LAY CRINES CONNITTED WITHIN FS surtsorcrron INTER FS co-0PERATION

To BE APPLIED FOR 0N LEGISLATION

L CIviL PROTECTION SERVICES

To DEAL WITH EVENTS OR DISASTERS WHICH FALL VITHIN ITS JURISDICTION

PoLrcy mAxING To DEAL WITH EVENTS OR DISASTERS WHICH EXTEND BEYOND THE CAPACITY OF ANY SINGLE LOCAL AUTHORITY

D. HEALTH SERYICES Foon ano Drue ConrroL

To ENFORCE STANDARDS AND PRESCRIPTIONS LAID DOYN AT CENTRAL LEVEL

AS FOR LOCAL LEVEL

To DETERNINE POLICY,

As FOR LOCAL LEVEL

PoPuLATION DEVELOPNENT

To EXECUTE POLICIES AT

LOCAL LEVEL

To EXECUTE POLICIES AT S LEVEL

To FORNULATE NATIONAL POLICY WITH PARTICIPATION FRON REGIONAL AND LOCAL LEVELS

Disease ConrroL

To DETERMIRE POLICY,

As FOR LOCAL LEVEL

To FORNULATE NATIONAL POLICY WITH PARTICIPATION FRON REGIONAL AND LOCAL LEVELS

To EXECUTE NATLONAL

As FOR LOCAL LEVEL

To NANAGE HEALTH FACILITIES (HOSPITALS.

To IDENTIFY THE NEEDS

SERVICES, ETC.)

LOCAL LEVELS

PLAN AND EXECUTE AT LOCAL LEVEL WHERE POSSIBLE

PLAN AND EXECUTE AT LOCAL LEVEL WHERE POSSIBLE

POLICIES AT LOCAL LEVEL HospITaL SERVICES anp Conmuntry HeaLTH

CLINICS, ANBULANCE

FOR SERVICES AND

FACILITIES AT FS anD To PROVIDE FACILITIES ACCORDING TO THE NEEDS IDENTIFIED

To FORNULATE AND CONTROL

POLICY OF NATIONAL INPORTANCE

To DETERNINE AND INPLENENT A NATIONAL HEALTH POLICY To PROVIDE FINANCE FOR THE NAINTENANCE OF A NATIONAL HEALTH POLICY

E. JUDICIARY AppeaL Court Suprene Court

SOLE RESPONSIBILITY SOLE RESPONSIBILITY IN RESPECT OF OWN LEGISLATION AND COMNON LAV CRINES/CIVIL CASES ENANATING FROM AREA OF JURISDICTION

Lover Courrs

SOLE RESPONSIBILITY

ATTORNEY GENERAL

SOLE RESPONSIBILITY IN RESPECT OF AREA OF Jurisorcrron of FS Suprene Court

SOLE RESPONSIBILITY [N RESPECT OF O¥N LEGISLATION

CONCURRENT JURISDICTION VITH FS Suprene Court [N RESPECT OF SUBNITTED CASES SOLE RESPONSIBILITY RESPECT OF own LEGISLATION

IN

§

STATE ATTORNEY

SOLE RESPONSIBILITY IN RESPECT OF AREA OF

SOLE RESPONSIBILITY RESPECT OF 0WN LEGISLATION

PROVIDE INPUT TO CENTRAL LEVEL

As FOR LOCAL LEVEL

To DETERNINE STANDARDS OF EDUCATION AT ALL LEVELS TO ENSURE UNIFORNITY

PROVIDE INPUT ON NEEDS

DETERNINE NEEDS FOR

To PROVIDE THE FINANCE FOR

NANAGE FACILITIES

PROYIDE FACILITIES TO LOCAL LEVEL

To SUBSIDISE EDUCATION AT

PLAN AND EXECUTE CULTURAL AND YOUTH PROGRANS

ProMOTE CULTURAL AND

PLAN AND EXECUTE CULTURAL PROGRANS OF NATIONAL INPORTANCE

HANAGE NUSEUNS AND OTHER CULTURAL INSTITUTIONS/EDIFICES

ESTABLISH NUSEUNS AND

ESTABLISH NUSEUNS AND NONUNENTS OF NATIONAL INPORTANCE

DETERNINE OFFICIAL

DETERNINE OFFICIAL

JURISDICTION OF FS SuPReNE Court

. cofTION MND CULTURE EDUCATIONAL

STANDARDS

EbucaTron pRovISION (ALL LEVELS)

T0 F§ LEVEL

APPOINT AND MANAGE PERSONNEL

FACILITIES

[N

NININUN SCHOOLING ALL LEYELS

DETERNINE CURRICULA

CuLTuRAL AFFAIRS

Lansuages

YOUTH PROSRANS OF REGIONAL INPORTANCE

OTHER CULTURAL INSTITUTIONS OF REGIONAL AND LOCAL INPORTANCE LANGUAGES FOR REGION PARTICIPATE AT CENTRAL LEVEL IN DETERRINING OFFICIAL LANGUAGES AS A WHOLE

SPORT AND RECREATION

PRONOTE SPORT AND RECREATION FACILITIES IN AREA OF JURISDICTION

As FOR LOCAL LEVEL

PeRFoRNING ARTS

PRONOTE PERFORNING ARTS AND RELATED INFRASTRUCTURES [N OWN AREA

As FOR LoCAL LEVEL

6. FOREIGN AFFAIRS

LANGUAGES FOR THE COUNTRY AS A WHOLE

SOLE RESPONSIBILITY

H. ECONONICS AND PLANNING Foreren TrADE Econowrc PLannIng

To INITIATE ECONONIC DEYELOPNENT PROJECTS IN AREA OF JURISDICTION

EXECUTE POLICIES NADE AT CENTRAL LEVEL

To DETERNINE POLICY

As FOR LOCAL GOVERNNENT

To DETERNINE WACROECONONIC GROVTH POLICY SUPPORT LOCAL AND REGIONAL INITIATIVES ON NERIT

03 PHYSICAL PLANNING

Execure poLrcy FORNULATED AT F§ LEVEL FORNULATE PoLICY, PLAX AND EXECUTE AT LOCAL LEVEL WHERE POSSIBLE

ConmeRCE, INDUSTRIES Anp NInIng Tourtsn

FormuLATE PoLICY SUITABLY FLEXIBLE TO ADAPT TO LOCAL CIRCUNSTANCES Co-0RDINATE AND ASSIST VITH PLANNING AT LOCAL LEVEL SOLE RESPONSIBILITY

PRONOTE TOURISN IN AREA

OF JURISDICTION

As For LoCAL LEVEL

1. AGRICULTURE ECONONICS AND WARKETING

ProvIDE INPUTS TO CENTRAL LEVEL

SOLE RESPONSIBILITY (VITH INPUTS FRON FS'sS

VETERINARY SERVICES

To ENFORCE STANDARDS AND PRESCRIPTIONS LAID DOWN AT CENTRAL LEVEL

To FORMULATE NATIONAL POLICY WITH PARTICIPATION

EXTENSION SERVICES

SOLE RESPONSIBILITY , Lrarson vith oTher FS's

TECHNICAL SERVICES

SOLE RESPONSIBILITY LIATSON vITH oTHER FS's

FRON FS LEVEL

J. ENVIRONMENTAL AFFAIRS TOXIC WASTE DISPOSAL

To TAKE SUITABLE NEASURES [N AREA OF JURISDICTION

As FOR LOCAL GOVERNNENT

Non-TOXIC WASTE DISPOSAL

T0 TAKE SUITABLE

As For LOCAL GOVERNNENT

PoLLuTroN conTROL ForesTrY Anp NaTuRe ConseRvATION

Frsuertes (Sea & Fresw)

NEASURES IN AREA OF JURISDICTION

To SET STANDARDS TO BE APPLIED.

To TAKE SUITABLE

As For LOCAL GOVERNNENT

To TAKE SUITABLE NEASURES [N AREA OF JURISDICTION

As FOR LOCAL GOVERNNENT

NEASURES [N AREA OF JURISDICTION

To TAXE SUITABLE

NEASURES [N AREA OF JURISDICTION

To SET INTERNATIONALLY ACCEPTED STANDARDS TO BE APPLIED.

To SET INTERNATIONALLY ACCEPTED STANDARDS TO BE APPLIED.

To SET STANDARDS TO BE APPLIED. AS FOR LOCAL GOVERNNENT To SET STANDARDS FOR FRESH WATER

To SET INTERNATIONALLY ACCEPTED STANDARDS TO BE APPLIED FOR SEA FISHERIES. T0 TAKE THE NECESSARY NEASURES TO ENSURE COMPLIANCE

K. POPULATION MATTERS PROVIDE INPUTS TO

SOLE RESPONSIBILITY VITH

REGISTER BIRTHS., DEATHS AND NARRIAGES OCCURRING WITHIN AREA OF JURISDICTION AS AGENT OF REGIONAL LEVEL

NAINTAIN REGIONAL POPULATION REGISTER

PRESCRIBE NEASURES FOR

HAINTAIN VOTER'S ROLLS FOR LOCAL ELECTIONS

HAINTAIN VOTER'S ROLLS FoR FS ELECTIONS

UrtLise FS vOTERS ROLLS FOR NATIONAL ELECTIONS.

UNDERTAKE FOR DELINITATION OF PROPERTY [N AREA OF JURISDICTION

UnpERTAKE FOR DELINITATION OF LAND IN AREA OF JURISDICTION

FAINTAIN NATIONAL ARCHIVE

PASSPORTS. INNIGRATION AND ENIGRATION FflPIJLAY”

REGISTRATION

YoTer's RoLLS

CENTRAL LEVEL

Issue 1D pocumeNTS AS AGENT OF CENTRAL LEVEL

INPUTS FRON FS LEVEL

NAINTENANCE OF UNIFORN POPULATION REGISTRATION NAINTAIN CENTRAL REGISTER

L. LAND AFFAIRS Lawp SurveYs

SOLE RESPONSIBILITY

Dens RecISTRIES Houstng

MAINTAIN CENTRAL ARCHIVE OF MAPS OF ALL LAND IN AREA OF JURISDICTION

PROVIDE ACCORDING TO NEEDS OF LOCAL CONNUNITY

ASSIST LOCAL LEVEL IN

OBTAINING FUNDING FOR THEIR REQUIRENENTS

PROVIDE FUNDING FOR NINIMAL HOUSING NEEDS OF LOCAL LEVEL

N. NANPOWER LABoUR RELATIONS, UNENPLOYNENT INSURANCE AND WORKNEN'S

DETERNINE POLICY AND ADNINISTER WITHIN AREA OF JURISDICTION

CONPENSATION

TRADE TRAINING AND INDUSTRIAL SAFETY

ConpucT INSPECTIONS AS AGENT OF FS

REGISTRATION OF

DETERNINE POLICY AND

ADNINISTER WITHIN AREA OF JURISDICTION ADNINISTER WITHIN AREA OF JURISDICTION

WORKSEEKERS

N. SOCIAL SERVICES SOCIAL PENSIONS AND

AeenT oF FS TN own

AREA

NANAGE THE EXECUTIVE FUNCTIONS

OTHER WELFARE SERVICES

[DENTIFY SOCIAL VELFARE NEEDS OF THE COMNUNITY

DETERMINE A UNIFORN SOCIAL EELFA!E POLICY FOR THE

ALLOVANCES

ATTEND TO IDENTIFIED NEEDS

DETERNINE A UNIFORN POLICY FOR THE COUNTRY

]

RuRAL DEVELOPNENT

[DENTIFY DEVELOPNENT NEEDS OF COMMUNITIES ATTEND TO IDENTIFIED NEEDS

ASSIST AND SUPPORT LOCAL LEVEL N IDENTIFYING AND SUPPLYING SOLUTIONS TO NEEDS

0. TRANSPORT Roao anp RarL

AIRPORTS AND AIR TRAFFIC

To PROYIDE AND WAINTAIN FACILITIES IN JURISDICTION TO BEST OF ABILITY

To PROVIDE AND NAINTAIN INTER REGIONAL LINKS TO BEST OF ABILITY To SUPPORT LOCAL LEVELS REQUIRING ASSISTANCE

T0 NANAGE LOCAL AIRPORTS AND FACILITIES ACCORDING TO LAID DOWN STARDARDS

To MANAGE REGIONAL AIRPORTS AND FACILITIES ACCORDING TO LAID DOWN STANDARDS

RoAD TRANSPORTATION AND

CONNUTER SERVICES

To PROVIDE FACILITIES FOR COMNUTERS

To BE RESPONSIBLE FOR

HarBours

To MANAGE HARBOURS AND

PORTS ACCORDING TO LAID DOWN STANDARDS

To PROVIDE AND NAINTAIN

NAJOR INTER-REGIONAL LINKS OF UNIFORN STANDARD

To CONTROL NATLONAL AND INTERNATIONAL AIR TRAFFIC To SET WININUN STANDARDS FOR ALL ATRPORTS AND TRAFFIC CONTROL

THOSE SERVICES WITHIN AREA OF JURISDICTION To DETERNINE NININUN

STANDARDS IN CONSULTATION WITH LOCAL LEVELS

LIarson vITh oTHeR FS's

TO ENSURE UNIFORNITY OF STANDARDS TRAFFIC CONTROL AND

ROAD SAFETY

To BE APPLIED BY SANE

AUTHORITY RESPONSIBLE FOR LEGISLATIVE FORNULATION

AS FOR LOCAL GOVERNNENT Lrarson vt oTher FS's

TO ENSURE UNIFORMITY

PUBLIC WORKS. INFRASTRUCTURE AND SERVICES ENERGY AnD WATER

To IDENTIFY CONSUNER NEED To IDENTIFY AND APPLY, WHERE ABLE. THE MOST ECONONIC ARD APPROPRIATE SOLUTIONS TO SATISFY NEEDS AT LOCAL LEVEL

To ASSIST AND SUPPORT

LOCAL AUTHORITIES AND CONNUNITIES (VHERE

NEEDED) [N IDENTIFYING AND SUPPLYING SOLUTIONS TO SATISFY CONSUNER NEEDS To PLAN AND DEVELOP

REGIONAL RESOURCES TO SATISFY NEEDS AT REGIONAL LEVEL.

To IDENTIFY AND QUANTIFY THE COUNTRY'S TOTAL ENERGY AND WATER NEEDS To PLAN AND DEVELOP INTERNATIONAL AND INTER-REGIONAL RESOURCES TO PROVIDE FOR THE COUNTRY'S TOTAL NEEDS FOR THE SHORT,NEDIUN AND LONG TERN

I

GOVERNMENT BuILDINGS

To PROVIDE FOR OWK NEEDS

To PROVIDE FOR OVN NEEDS

To PROVIDE FOR 0WN NEEDS

To PROVIDE PROFESSTONAL

AND TECHNICAL SUPPORT TO THOSE LOCAL AUTHORTIES LACKING THIS

To PROVIDE NININUN BASIC INFRASTRUCTURE AND SERVICES TO THOSE COMNUNITIES INCAPABLE OF PROVIDING THEIR OWN

PosTAL AND TELECOMNURICATLON SERVICES

PARTICIPATE IN CENTRAL GOVERNNENT POLICY DETERNINATION

AS FOR LOCAL LEVEL

SOLE RESPONSIBILITY FOR REGULATING THE POSTAL, RADIO AND TELECONNUNICATIONS ACTIVITIES OF THE COUNTRY AS A WHOLE To NANAGE FREQUENCY ALLOCATIONS