The Constitutional and Legislative Powers of Local Authorities in South Africa: The Applicability of an Ocean Accounts Framework as an Ocean-Governance Instrument
Résumé
This research examines the Ocean Accounts Framework (OAF) as an instrument for ocean governance and policy development by South African local authorities. The Constitution imposes sustainable developmental duties on municipalities, requiring them to budget and plan in a way that prioritises basic community needs and promotes social and economic development. With their funding primarily coming from property rates, service surcharges and payments from national government, municipalities are responsible for local economic and infrastructure development, promoting a safe and healthy environment, and service delivery. Coastal management is the shared responsibility of all three branches of government and frequently overlaps. South Africa adopted the National Development Plan (NDP) to promote economic growth and address the triple challenge of inequality, unemployment and poverty. Operation Phakisa prioritises marine transport, offshore oil and gas, aquaculture and marine protection services. This article examines the relationship between the OAF and the legislative and policy instruments that guide coastal and ocean governance in South Africa’s local government sphere. As part of a community of practice (CoP), the research assesses the applicability of the OAF in South Africa and the Western Indian Ocean (WIO), with a focus on the legal context in which the OAF is to be used. It investigates the constitutional and legislative powers and functions of local authorities that are relevant to the blue economy and the extent to which municipalities exercise these powers and functions. It also assesses the OAF’s potential to evaluate food security and sustainability risks for local populations, and whether local authorities can legislate against marine-resource crimes to augment national legislation. Finally, the study argues that using the OAF to measure ocean value for municipal development could boost funding and help local authorities meet the requirements set by the Constitution, the NDP and the Sustainable Development Goals (SDGs). Local authorities should realise the importance of the ocean and its living resources and use a credible valuation tool to exercise their legislative powers.
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