Constitution of the Western Cape, 1997/Chapter 9

by enacted by the Western Cape Provincial Parliament

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.

Reports by the Commissioner

74.

The Commissioner—

(a)

must report to the Provincial Parliament annually on his or her activities and on environmental matters in the Western Cape;

(b)

must submit any recommendations made by him or her to the provincial Parliament; and

(c)

may report to the Provincial Parliament at any other time.

Appointment

75.

(1)

The Commissioner must be a South African citizen who—

(a)

is ordinarily resident in the Western Cape;

(b)

is a fit and proper person with specialised knowledge of, or experience in, environmental matters; and

(c)

complies with the requirements imposed by provincial legislation.

(2)

The Premier must appoint as the Commissioner a person—

(a)

nominated by a committee composed of all parties represented in the Provincial Parliament and which decide to participate; and

(b)

approved by the Provincial Parliament by a resolution adopted with a supporting vote of at least 60 per cent of the members of the Provincial Parliament.

(3)

The rules and orders of the Provincial Parliament must provide for the involvement of civil society in the nomination process.

Tenure

76.

The Commissioner is appointed for a term of three years, renewable once.

Removal and suspension

77.

(1)

The Commissioner may be removed from office only on—

(a)

the ground of misconduct, incapacity or incompetence;

(b)

a finding to that effect by a committee composed of all parties represented in the Provincial Parliament and which decide to participate; and

(c)

the adoption by the Provincial Parliament of a resolution calling for that person’s removal from office with a supporting vote of at least two thirds of the members of the Provincial Parliament.

(2)

The Premier—

(a)

may suspend the Commissioner from office at any time after the start of the proceedings of a committee of the Provincial Parliament for the removal of that person; and

(b)

must remove a person from office upon adoption by the Provincial Parliament of the resolution calling for that person’s removal.

Establishment of and principles governing Commissioner for Children

78.

(1)

There is a provincial Commissioner for Children.

(2)

The Commissioner must assist the Western Cape government in protecting and promoting the interests of children in the Western Cape, in particular as regards—

(a)

health services;

(b)

education;

(c)

welfare services;

(d)

recreation and amenities; and

(e)

sport.

Powers and duties

79.

(1)

The Commissioner has the power as regulated in provincial legislation to monitor, investigate, research, educate, lobby, advise and report on, matters pertaining to children.

(2)

The Commissioner—

(a)

must report annually to the Provincial Parliament on the measures taken by the Western Cape government to protect and promote the interests of children in the Western Cape; and

(b)

may report to the Provincial Parliament at any other time.

Appointment and removal

80.

The Commissioner is appointed and removed by the Premier on the recommendation by the Provincial Parliament.