Federalism in South Africa

Federalism in South Africa refers to the idea that the national government should be subordinate to the provinces.

In 1949 the historian Arthur Keppel-Jones wrote Friends or Foes? A point of view and a programme for racial harmony in South Africa, which claimed that devolution into federalist states would promote harmonious relations between the different population groups of South Africa. Several decades later, in 1974, the Mahlabatini Declaration of Faith, which stressed the federal concept, was signed. In 1977 the Progressive Federal Party was started, which advocated power-sharing through a federal constitution. Today, the political parties which advocate a federal system for South Africa, are the Democratic Alliance (the successor of the New National Party) and the Inkatha Freedom Party.

Current legislative competence

Concurrent national and provincial legislative competence (Schedule 4 to the Constitution)

Administration of indigenous forests
Agriculture
Airports other than international and national airports
Animal control and diseases
Casinos, racing, gambling and wagering, excluding lotteries and sports pools
Consumer protection
Cultural matters
Disaster management
Education at all levels, excluding tertiary education
Environment
Health services
Housing
Indigenous law and customary law, subject to Chapter 12 of the Constitution
Industrial promotion
Language policy and the regulation of official languages
Media services directly controlled or provided by the provincial government
Nature conservation, excluding national parks, national botanical gardens and marine resources^[1]
Police
Pollution control
Population development
Property transfer fees

Local government matters

Air pollution
Building regulations
Child care facilities
Electricity and gas reticulation
Firefighting services
Local tourism
Municipal airports
Municipal planning
Municipal health services
Municipal public transport
Municipal public works only in respect of the needs of municipalities in the discharge of their responsibilities to administer functions specifically assigned to them under this Constitution or any other law
Pontoons, ferries, jetties, piers and harbours, excluding the regulation of international and national shipping and matters related thereto
Stormwater management systems in built-up areas
Trading regulations
Water and sanitation services limited to potable water supply systems and domestic waste-water and sewage disposal systems

Exclusive provincial legislative competence (Schedule 5 to the Constitution)

Abattoirs
Ambulance services
Archives other than national archives
Libraries other than national libraries
Liquor licences
Museums other than national museums
Provincial planning
Provincial cultural matters
Provincial recreation and amenities
Provincial sport
Provincial roads and traffic
Veterinary services, excluding regulation of the profession

Local government matters

Beaches and amusement facilities
Billboards and the display of advertisements in public places
Cemeteries, funeral parlours and crematoria
Cleansing
Control of public nuisances
Control of undertakings that sell liquor to the public
Facilities for the accommodation, care and burial of animals
Fencing and fences
Licensing of dogs
Licensing and control of undertakings that sell food to the public
Local amenities
Local sport facilities
Markets
Municipal abattoirs
Municipal parks and recreation
Municipal roads
Noise pollution
Pounds
Public places
Refuse removal, refuse dumps and solid waste disposal
Street trading
Street lighting
Traffic and parking

Further developments

The Democratic Alliance has suggested that certain policing powers should be devolved to the provinces.^[2] The African National Congress has repeatedly equated federalism to Apartheid.^[3]

References

^ Blackmore, Andrew (1 January 2022). "Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks". Law, Democracy and Development. 26: 26–47. doi:10.17159/2077-4907/2021/ldd.v26.2. ISSN 2077-4907.
^ Mkhwanazi, Siyabonga. "ANC slams DA for holding virtual public hearings on Provincial Powers Bill". www.iol.co.za. Retrieved 19 February 2025.
^ Erasmus, Des (4 April 2024). "Federalism is not Apartheid". The Mail & Guardian. Retrieved 19 February 2025.

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[1] Blackmore, Andrew (1 January 2022). "Concurrent national and provincial legislative competence: Rethinking the relationship between nature reserves and national parks". Law, Democracy and Development. 26: 26–47. doi:10.17159/2077-4907/2021/ldd.v26.2. ISSN 2077-4907.

[2] Mkhwanazi, Siyabonga. "ANC slams DA for holding virtual public hearings on Provincial Powers Bill". www.iol.co.za. Retrieved 19 February 2025.

[3] Erasmus, Des (4 April 2024). "Federalism is not Apartheid". The Mail & Guardian. Retrieved 19 February 2025.

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v t e Constitution of South Africa
Preamble
Chapters	1: Founding Provisions 2: Bill of Rights 3: Co-operative Government 4: Parliament 5: President and National Executive §83-84, §86-90 §85, §92, §101-102 §91, §93-99 §95 §100 6: Provinces 7: Local Government 8: Courts and Administration of Justice 9: State Institutions supporting Constitutional Democracy 10: Public Administration 11: Security Services §198-199 §200-204 §205-208 §209-210 12: Traditional Leaders 13: Finance 14: General Provisions
Schedules	1: National Flag 2: Oaths & Solemn Affirmations 3: Election Procedures 4: Functional Areas of Concurrent National and Provincial Legislative Competence 5: Functional Areas of Exclusive Provincial Legislative Competence 6: Transitional Arrangements 7: Laws Repealed
Amendments	First Second Third Fourth Fifth Sixth Seventh Eighth Ninth Tenth Eleventh Twelfth Thirteenth Fourteenth Fifteenth Sixteenth Seventeenth Eighteenth
Previous	South Africa Act 1909 Constitution Act, 1961 Constitution Act, 1983 Interim Constitution, 1993
Related	Constitutional Court Chapter nine institutions Negotiations to end apartheid Citation of Constitutional Laws Act
Text of the Constitution

v t e Federalism in Africa
Sovereign states	Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cape Verde Central African Republic Chad Comoros Democratic Republic of the Congo Republic of the Congo Djibouti Egypt Equatorial Guinea Eritrea Eswatini Ethiopia Gabon The Gambia Ghana Guinea Guinea-Bissau Ivory Coast Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda São Tomé and Príncipe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Tanzania Togo Tunisia Uganda Zambia Zimbabwe
States with limited recognition	Sahrawi Arab Democratic Republic Somaliland