Reining in bureaucratic overreach – lessons from USA for SA

South Africa needs urgently to reflect on a landmark legislative initiative that is unfolding in the United States of America. Designed to curtail the expansive authority of federal agencies which can issue economically significant regulations without congressional approval, this effort marks a pivotal attempt by American lawmakers to reclaim their constitutionally enshrined role as the nation’s primary lawmakers.

It reins in an overextended administrative state where unelected officials wield extensive lawmaking and policy power with minimal constraint.

The REINS Act – reclaiming legislative authority

At the centre of this reform is the Regulations from the Executive in Need of Scrutiny Act (REINS Act). It is an attempt to reclaim legislative sovereignty and to implement the global imperative for full and proper regulatory accountability.

Under its provisions, no federal regulation projected to impose an annual economic impact beyond a limited specified threshold may take effect unless formally approved by both the House of Representatives and the Senate. The purpose of this legislation is to reassert the primacy of the legislative branch over the regulatory domain, ensuring that their sometimes far-reaching economic rules are subjected to rigorous democratic scrutiny.

The REINS Act has been incorporated into a broader legislative package in 2025, one that will also encompass tax reductions and border security reforms. By embedding it within a comprehensive fiscal and policy bill, it is hoped to pass the measure through budget reconciliation, a procedural mechanism in the Senate that allows for expedited consideration and avoids the filibuster, an action that obstructs progress.

The REINS Act aims to decisively prevent unelected bureaucrats from imposing costly regulatory burdens without accountability, thereby safeguarding small and medium-sized enterprises, promoting economic growth and capital formation, encouraging innovation and driving sustainable job creation.

The Prove It Act – measuring impact and justifying rules

Complementing this initiative is the proposed Prove It Act, which further advances the goal of regulatory oversight. This legislation requires…

Dr Brian Benfield | Retired Professor | Department of Economics | University of the Witwatersrand | Senior Associate and Board Member | Free Market Foundation | mail me |

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