18 juillet 2024
Powers of the Regions with Special Status

Powers of the Regions with Special Status

Powers of the Regions with Special Status

In addition to exercising all the powers vested in the other regions, the North-West and South-West Regions benefit from additional powers. These are the three sets of powers stipulated in Section 328 of Law No. 2019/24 of 24 December 2019 to institute the General Code of Regional and Local Authorities. These additional powers include: participating in the formulation of national public policies relating to the Anglophone education sub-system, setting up and managing regional development authorities and participating in defining the status of traditional chiefdoms.
These additional powers are part of the historical heritage of these regions. They are powers that the North-West and South-West regions exercised during the colonial and federal periods. They aim to promote the effective participation of these Regions in the political life of the nation in terms of education, particularly in the Anglophone sub-system. This participation is not optional for the State, but obligatory. The State is henceforth obliged, in the development of this public policy, to associate the two Regions. This obligation is the same with regard to participation in defining the status of traditional chiefdoms.
In addition, the North-West and South-West Regions can now create and manage regional development entities in the planning of their localities. They can create structures in the likes of the « South West Development Authority » (SOWEDA) and the « North West Development Authority » (MIDENO). This does not imply that existing state-owned companies will be transferred to the regions. They will remain the property of the State, unless it decides otherwise.
In addition, these regions may be consulted on matters relating to the development of public policies of justice in the Common Law sub-system. The peculiarities of these regions based on the historical heritage reiterated in Section 3 of the Code must be taken into account. This consultation is optional because justice is not a transferable power in accordance with Article 56 (1) of the Constitution. Although real power in matters of justice cannot be given to these regions in a law relating to decentralization, the State will necessarily consult these Regions because no mention would have been made of this power if there was no intention of enforcing it.
Finally, the North-West and South-West Regions may be involved in the management of the State’s public services located in their respective territories. Thus, the possibility of being part of the decision-making bodies of these services may be open to them at the behest of the State. For instance, the regional administration may be involved in the management of secondary schools and colleges created by the State. Moreover, the State may not intervene in the functioning or management of the regional administration, except in cases expressly provided for by law.
 

X