06 January 2021 - NW2325
Abrahams, Ms ALA to ask the Minister of Social Development
(1)(a) In which provinces did her department currently constitute active provincial substance abuse fora, (b) on what date was each specified forum established and constituted, (c) what number of times has each forum met since 1 January 2018, (d) what are the contact details of each forum’s secretariat and (e) what are the reasons that her department did not establish fora in some provinces; (2). Whether any of the specified provinces have outstanding substance abuse forum reports; if not, what is the position in this regard; if so, (a) what are the relevant details and (b) what are the reasons that the specified reports are outstanding; (3) whether each province has put a (a) provincial substance abuse strategy and (b) mini drug master plan in place; if not, what is the position in each case; if so, what are the relevant details in each case?
Section 57 of the Prevention of and Treatment for Substance Abuse Act, 2008 specifically provides that the MECs must establish Provincial Substance Abuse Forums for their respective provinces. This is not a delegated power but a conferred power by the Act and the Minister cannot interfere with the powers conferred by legislation to her provincial counterparts as this would be in conflict with section 41 of the Constitution of the Republic of South Africa read with the Intergovernmental Relations Framework.
In terms of the same Act, the Minister is only empowered to establish the Central Drug Authority (CDA), which represents the national sphere of government. The Minister therefore does not have any executive or legislative mandate to establish Provincial Substance Abuse Forums and Local Drug Action Committees.
Provincial MECs are better placed to respond to this question.