@Grant (in particular) - you're mostly right re a referendum, but it's not a simple situation
Question:
Earlier you stated; "Under the South African system: A referendum must be called by the President or a provincial premier..." - some on the forum are claiming that's false regarding the premiers' powers (as mentioned by some politician somewhere), others are saying it is true but that it has no teeth. So need a deeper, more accurate response, and not too long.
Response:
The confusion comes from a
technical constitutional nuance.
1. What the Constitution actually says
The Constitution of South Africa does give premiers a theoretical power.
Section
127(2)(f) states that a provincial premier may:
So the premier of the Western Cape — currently Alan Winde —
does have a constitutional provision mentioning referendums.
2. Why critics say it has “no teeth”
The key phrase is
“in accordance with national legislation.”
- There is no national law that sets out how a provincial referendum must work.
- Because that enabling legislation does not exist, a premier cannot practically implement the power.
So legally speaking:
- The Constitution mentions the power
- But Parliament has never created the mechanism
3. Where the President fits in
The existing law that actually enables referendums is the Referendums Act 108 of 1983.
That act gives the authority to call a referendum
only to the President, currently Cyril Ramaphosa.
4. Bottom line
Both sides of the forum debate are
partly correct:
- True: The Constitution mentions a premier calling a provincial referendum.
- Also true: Without national legislation enabling it, the power cannot realistically be exercised.
So in practice today,
only the President can legally call a binding referendum in South Africa.