Page:Constitution of the Western Cape 1997 from Government Gazette.djvu/53

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Government Gazette, 15 January 1998
No. 18596     53
 

Constitution of the Western Cape, 1997 Act No. 1, 1998
Chapter 9

Other Constitutional Institutions


Cultural Councils

70. Provincial legislation must provide for the establishment and reasonable funding, within the Province’s available resources, of a cultural council or councils for a community or communities in the Western Cape, sharing a common cultural and language heritage.


Establishment of and principles governing Commissioner for Environment

71.

(1) There is a provincial Commissioner for the Environment.

(2) In the exercise of his or her powers and functions the Commissioner must ensure the conservation of the environment in the Western Cape, and must give attention to the need to balance the goals of environmental conservation and sustainable development.

(3) The Commissioner is independent and subject only to the national Constitution, this Constitution and the law, and must be impartial and must exercise the powers and perform the functions of the office of Commissioner without fear, favour or prejudice.

(4) Other provincial organs of state must assist and protect the Commissioner to ensure the independence, impartiality, dignity and effectiveness of the office of Commissioner.

(5) No person or provincial organ of state may interfere with the functioning of the Comissioner.


Powers and functions

72.

(1) The Commissioner must—

(a) monitor urban and rural development which may impact on the environment;

(b) investigate complaints in respect of environmental administration;

(c) recommend a course of conduct to any provincial organ of state or municipality whose activities have been investigated; and

(d) act in accordance with the principles of co-operative government and intergovernment relations referred to in Chapter 2.

(2) The Commissioner has the additional powers and functions as may be provided for in provincial legislation.


Obligations of provincial organs of state

73.

(1) Where the Commissioner has made recommendations to a provincial organ of state, that organ must report to the Commissioner on its actions in response to those recommendations within a reasonable time.

(2) Any provincial organ of state which refuses or fails to implement the Commissioner’s recommendations must upon request furnish the Commissioner with written reasons for that refusal or failure.