12. Devolved Functions
States, Counties and Municipalities
Section A - Statehood
(1) Governmental functions neither exclusively assigned the United States of Africa nor explicitly denied the states will exclusively or concurrently devolve on the states. The states are guaranteed self-government within the limits of the power granted them by the African Constitution and federal statutes. In each state, the African people must be represented by an accountable body chosen in universal, direct, free, equal and secret elections.
(2) Federal protection for the states. Republican government and protection against invasion are guaranteed. The United States of Africa shall assure every state in the federation a republican form of government and shall protect the states against invasion and, on application of a state legislature or executive (when a state legislature cannot be convened), against domestic violence.
(3) Admission of new states. New states shall be admitted into the United States of Africa upon ratifying the African Constitution, but no state shall be formed or erected within the jurisdiction of any state nor any state be formed by the junction of two or more states or parts of states without the consent of the Federal Congress.
Section B - State Law
(1) The constitutional order in the states must conform with the principles of representative democracy and the rule of law as stipulated by the African Constitution. State law enacted after the African Constitution comes into force must be compatible with the federal constitution.
(2) Pending the redrafting of the state constitutions in conformity with the newly enacted supreme law of Africa, state law valid during the entry into force of the African Constitution shall continue to be enforceable in so far as it is compatible with the federal constitution. State law compatible with the African Constitution and which regulates matters not federally regulated shall remain valid as state law.
(3) Where current state law remaining in force regulates matters within exclusive federal legislative power, it shall be amended to cede jurisdiction to the United States of Africa. Where state law regulates matters within concurrent jurisdiction, it shall be harmonized with the provisions of the African Constitution.
(4) Just decisions handed down by the state courts before the entry into force of the African Constitution shall retain their validity and will be executed in conformity with the federal constitution. The African Constitution shall be the yardstick for checking the compatibility of state judicial judgments and their execution under the principles of the rule of law.
(5) Persons unjustly sentenced by state criminal courts before the entry into force of the African Constitution are granted a right to seek the quashing of their convictions under this federal constitution. The states shall create without delay a legal mechanism for the rehabilitation of all victims of state court decisions contrary to constitutional principles and the rule of law. Rehabilitation of victims of iniquitous state court judgments shall include appropriate and timely compensation.
(7) Administrative acts of the states performed before the entry into force of the African Constitution shall remain valid if and to which extent they are compatible with this federal constitution. They will be revoked in the event they are found to be incompatible with the principles of the rule of law under the African Constitution.
(8) Acts, records and court proceedings. Full faith and credit shall be given in each state to the public acts, records and judicial proceedings of every other state. The Congress may by law prescribe the manner in which such acts, records and proceedings shall be proven and the effects thereof.
(9) Extradition. A person charged in any state with treason, felony or other crime and who flees to another state to escape justice shall on the demand of the state which has jurisdiction over the fugitive be returned to the state where he or she is wanted.
Section C - Citizenship
All citizens of the United States of Africa shall be entitled to the privileges and immunities of African citizenship in all the states.
Section D - Review of the Colonial Borders
(1) The colonial borders may be reviewed with due regard accorded to regional, historical and cultural ties, economic expediency and the requirements of regional policy and planning. In consultation with the affected states, measures for new state lines may be effected by federal legislation requiring confirmation by referendum.
(2) A referendum shall be held in the states whose borders are to be reviewed. A referendum shall be held on the question whether the affected states are to remain within their existing boundaries or whether their borders are to redefined. The referendum shall be deemed to be in favor of redefined boundaries where approval is given to the change by a majority in all the affected states. A rejection shall occur where a majority of two-thirds of the affected states vote against a proposed border change.
(3) Where in a clearly definable area of interconnected population and economic settlement, the parts of which lie in several states and which has a population of at least one million, one tenth of which population are entitled under the African Constitution to vote, petition by popular initiative for the assignment of that area to one state, provision shall be made within two years in a federal statute determining whether the delimitation of the affected states shall be changed pursuant to paragraph 2 of this article.
(4) A majority in a referendum shall consist of a majority of the votes cast. Detailed provisions concerning referenda, popular petitions and plebiscites shall be made in a federal statute providing that referanda, plebscites and popular petitions may not be repeated within a period of ten years.
(5) Other changes concerning state lines may be effected by popularly approved agreements between the states concerned on the condition that the affected communes and districts be consulted and be allowed to vote on such proposals.
(6) Aviation shall be administered by the United States of Africa. By federal legislation, aviation functions may be assigned to the states as agents of the federation.
Section E - Powers Denied the States
(1) No state shall enter into any treaty, alliance or confederation, grant letters of marque and reprisal, coin money, emit bills of credit, pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts or grant any title of nobility.
(2) No state shall without the consent of the Congress of Africa lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection law; and the net produce of all duties and impost, laid by any state on imports or exports, shall be for the use of the treasury of the United States of Africa andall such laws shall be subject to the revision and control of the Continental Congress.
(3) No state shall without the consent of the Congress lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agreement or compact with another state or with a foreign power or engage in war unless actually invaded or in such imminent danger as will not admit of delay.
(4) The United States of Africa shall own and administer the federal waterways through its own authorities. It will exercise the public functions relating to inland shipping which extend beyond the territory of one state and those relating to maritime shipping which are conferred on it by law. Upon request, Africa may transfer the administration of federal waterways insofar as they lie within the territory of one state to that state as an agent of the federation. If a waterway touches the territories of multiple states, the federation may designate as its agent one state with the consent of all the states concerned.
(5) In the administration, development and additional construction of waterways, the soil, water supply and other environmental requirements shall be safeguarded.
(6) The states or such self-governing corporate bodies as are competent under state law may administer as agents of the federation interstate roads and transcontinental highways. On the request of a state, the federation may take under direct federal administration interstate roads and transcontinental highways insofar as they lie within the territory of the requesting state.
(7) (a) Federal emergencies. In order to avert an imminent danger to people and property, a state may request federal assistance. The federation may mobilize the facilities and services of other states in response to a federal emergency.
(b) If a state in which danger is imminent is unwilling or unable to alleviate the danger, the United States of Africa will place the public security resources of that state and other states under federal authority. The order for this action shall be rescinded when the danger is past or at any time on the demand of the Federal Congress. Where danger extends beyond interstate lines, the federation may insofar as is necessary for effectively combating such danger issue instructions to the state governments; the first and second sentences of this paragraph shall remain unaffected by this provision.
Section F - Concurrent Power
Concurrent legislative power between the United States of Africa and the states shall extend to the following areas of public policy:
(1) Civil and criminal law and execution of sentences, the system of judicature, the procedure of the courts, the legal profession, notaries and legal advice,
(2) Registration of births, deaths and marriages,
(3) Regulation of weapons and explosives,
(4) Protection of African cultural treasures against removal abroad, including recovery of stolen African cultural assets,
(5) Residence and establishment of aliens and regulation of refugees and expelees,
(6) Eradication of poverty, and
(7) Citizenship in the states.
Section G - Counties
The states will be divided into counties, which will be administrative units. The counties will be divided into townships, boroughs, towns, settlements and villages.
(1) County government shall be divided into legislative, executive and judicial departments. Elected county officials include a county administrator, county principal judge, county collector, county assessor, county clerk, sheriff, county coroner, county surveyor and county treasurer.
(2) All lawmaking power of the counties is vested in a legislative body elected for a term of two years. The executive department shall be headed by the county administrator. The county judiciary shall be run by the principal judge. The administrator and principal judge also will be elected for a two-year term.
(3) The county administrator is the chief executive officer of the county and presides over the county executive department. The county administrator does not have a vote, but does have veto power.
(4) Each county shall be part of a state judicial district. Elected positions in the county judicial department include two circuit court judges (one civil judge, one criminal judge), two chancery court judges, one circuit clerk, one chancery clerk and a prosecuting attorney.
(5) County functions shall be those the states will vest in the counties as administrative units of the states, which services will include the administration of justice through county courts, law enforcement through the sheriff department, real and personal property tax administration and the keeping of court and public records.
(6) Other responsibilities of the counties include agricultural development, community and rural development, county planning, parks, libraries, museums, civic centers, public camping grounds, emergency response, fire protection, pollution control, public health, solid waste and recycling services, transportation, water, sewer and other utility services.
Section H - Municipalities
(1) Functions of a localized nature not performed by the states and counties shall devolve on municipalities. These will be the smallest administrative subdivisions of public authority.
(2) Municipalities are municipal corporations and have the capacity, rights, powers and privileges of a legal person. They will include cities, towns, city boroughs, settlements and villages.
(3) Town and city municipalities will each be headed by an elected mayor and council.
(4) The functions of municipalities are to:
(a) Provide services and facilities necessary and desirable for all or a part of the municipality,
(b) Develop and maintain a safe and viable community,
(c) Foster economic, social and environmental well-being, and
(e) Provide accountable stewardship and use of public assets.
(4) The municipalities will administer their functions by making bylaws and adopting resolutions.
(5) Details will be governed by state legislation.