ATC230502: Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs’ on the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, tabled as per ATC No.30 of 08 March 2023 in terms of Section 231(2) of the Constitution, 1996, dated 02 May 2023.

Cooperative Governance and Traditional Affairs

Report of the Portfolio Committee on Cooperative Governance and Traditional Affairs’ on the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, tabled as per ATC No.30 of 08 March 2023 in terms of Section 231(2) of the Constitution, 1996, dated 02 May 2023.

 

Having considered the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, tabled in terms of Section 231(2) of the Constitution, and having been referred to it as per ATC No.30 of 08 March 2023, the Portfolio Committee on Cooperative Governance and Traditional Affairs reports as follows:

 

Background

 

African Union (AU) Member States agreed to the African Charter on the Values and Principles of Decentralisation, Local Development and Local Governance on 27 June 2014. This followed an AU Executive Council decision of 28 January 2012, as endorsed by the Assembly of Heads of State and Government, relating to the Charter’s development. The Charter is fifth in a series of similar agreements, namely the African Charter on the Values and Principles of Public Service and Administration (2011); the African Charter on Democracy, Elections and Governance (2007); the AU Convention on Preventing and Combating Corruption; and the African Charter on Human and People’s Rights (1981). Through this Charter, the AU envisages promoting the values and principles of decentralisation, local governance and local development as a means for improving the livelihood of all peoples on the continent.

 

Charter Ratification Process

 

As an AU Member State, South Africa is expected to ratify or accede to the African Charter on the Values and Principles of Decentralisation, Local Development and Local Governance. In terms of Section 231(2) of the Republic’s Constitution, an international agreement binds the Republic only after it has been approved by resolution in both the National Assembly (NA) and the National Council of Provinces (NCOP).

 

Committee consideration

 

Having considered and deliberated on the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development, taking into cognisance the procedure outlined in Section 231(2) of the Constitution, the Portfolio Committee on Cooperative Governance and Traditional Affairs recommends the Charter’s approval by the National Assembly.

 

Report to be considered