IIE ROSEBANK COLLEGE
Rosebank College is an educational brand of The Independent Institute of Education (Pty) Ltd which is registered with the Department of Higher Education and Training as a private
higher education institution under the Higher Education Act, 1997 (reg. no. 2007/HE07/002). Company registration number: 1987/004754/07.
Multi-sphere Government – Chapter 8
8.1. Introduction
➢Co-operative governance entails that all spheres of government (national, provincial and
municipal) work together for the common good of the country, the citizens and the
society at large.
➢Sometimes, in the discharge of their constitutional mandates, spheres of government
might intervene in the affairs of the other, hence crossing the red line.
➢Interventions in the affairs of another sphere can be justified if done for legitimate
reason or reasons as espoused in the Constitution of the Republic of South Africa, 1996
(Herein after referred to as “the Constitution”).
➢intervention by provincial sphere into (local/municipal) government. This is because in
section 154(1) the Constitution provides that national and provincial governments, by
legislative and other measures, must support and strengthen the capacity of
municipalities to manage their own affairs, to exercise their powers and to perform their
functions.
Continued…
8.2. The principles of co-operative government
The basic structure according to which power is divided between the three spheres of
government.
➢The 9 provincial government (and all local government) share the power make laws on a
wide range of important matters with the national government, such as education, the
environment, health, housing and policing. (Part A & B of schedule 4 of the Constitution)
➢The National and provincial government share power over subject matters listed in Part
A and the national, provincial and local governments share power over subject matters
in Part B
➢The national and provincial governments are entitled to pass laws regulating the local
government matters set out in Part B, they are not entitled to pass laws giving
themselves the power to administer or implement those laws.
➢If the laws made by the national and provincial government conflict with each other, the
national law will override the provincial, but only if the national law satisfies the criteria
set out in S146 of the Constitution.
Continued…
➢Apart from their concurrent powers, the provincial government also have
the exclusive power to make laws on the matters set out in Part A of
schedule 5 of the Constitution with the provincial and local government
having exclusive power to make laws on matters set out in part B of
schedule.
➢Laws that are made by the national government and that fall into the
broad areas of concurrent competence must be implemented and
administered by provincial and local government. The primary role
provincial and local government is therefore the implementation and
administration of national laws
➢The national government has the plenary powers to pass laws and
administer laws on any other subject matter not mentioned in either
Schedule 4 and 5 .
PART A SCHEDULE 4
• Administration of indigenous forests
• Agriculture
• Airports other than international and national airports
• Animal control and diseases
• Casinos, racing, gambling and wagering, excluding lotteries and sports pools
• Consumer protection
• Cultural matters
• Disaster management
• Education at all levels, excluding tertiary education
• Environment
• Health services
• Housing
• Property transfer fees
PART B SCHEDULE 4
➢The following local government matters to the extent set out in section 155(6)(a) and (7):
• Air pollution
• Building regulations
• Child care facilities
• Electricity and gas reticulation
• Firefighting services
• Local tourism
• Municipal planning
• Municipal health services
• Municipal public transport
• Municipal public works only in respect of the needs of municipalities in the discharge of their
responsibilities to administer functions specifically assigned to them under this Constitution or
any other law
Continued…
8.3. The division of legislative competencies between the National and
Provincial spheres.
a) The objectives and structure of provincial government
➢ Divided into 9 provinces ( Eastern Cape; Free State; Gauteng; KwaZulu-Natal; Limpopo; Mpumalanga;
Northern Cape; North West; Western Cape)
➢ The Constitution regulates the governance of the provincial legislature as well as the provincial executive
authorities
➢ Each province is required to fulfil at least three important interrelated but distinct functions:-
• Provinces provide a close link between voters and their government to ensure that the government
addresses the particular concerns and unique challenges and needs of discrete geographical areas
• Provinces are required to implement national policies and plans relating to important service delivery areas
such as housing, health care , policing and education
• Provinces must oversee the smooth running of local sphere of government within the boundaries of the
province
Continued…
➢ Each province is entitled to pass a provincial constitution, however such a constitution cannot bestow
substantially more power on a province or deviate from the basic structure of governance of the province as
set out in the national constitution.
➢ The provinces remain creatures of the national Constitution and cannot, through their provincial
constitutional making power, alter their character or their relationship with other levels of government.
➢ A provincial legislature may also assign any of its legislative powers to a municipal council in that province
➢ The members of the provincial legislature are elected in accordance with the same electoral system that
applies to the election of the members of the National Assembly
➢ The size of the legislatures is determined in terms of the formular prescribed by the national legislation
relating to the population size of that province, but cannot be smaller than 30 members and no larger than
80 members. S105 (2) of the constitution.
➢ The executive authority of a province is vested in the Premier of that province, who exercise it with the other
members of the executive council
➢ The premier’s role mirrors that of the President at National Leve except that the premier does not enjoy the
head of state powers that bestowed on the president in terms of S 84
Continued…
The premier exercises executive authority, together with the other members of
the executive council by:
➢Implementing provincial legislation in the province
➢Implementing all national legislation in the functional areas listed in schedule 4
&5 except where the constitution or an Act of Parliament provide otherwise.
➢Administering in the provincial national legislation outside the functional areas
listed in schedule 4 &5, the administration of which has been assigned to the
provincial executive in terms of an Act of Parliament
➢Developing and implementing provincial policy
➢Co-ordinating the functions of the provincial administration and its departments
➢Preparing and initiating provincial legislation
➢Performing any other function assigned to the provincial executive in terms of
the constitution or an act of parliament
Continued…
In terms of Section 27 of the Constitution the Premier of a province has the
powers and functions entrusted to that office by the Constitution and any
legislation as follows.
(The Premier of a province is responsible for—
(a) assenting to and signing Bills;
(b) referring a Bill back to the provincial legislature for reconsideration of the
Bill’s constitutionality;
(c) referring a Bill to the Constitutional Court for a decision on the Bill’s
constitutionality;
(d) summoning the legislature to an extraordinary sitting to conduct special
business;
(e) appointing commissions of inquiry; and
(f) calling a referendum in the province in accordance with national legislation.
IIE ROSEBANK COLLEGE
Rosebank College is an educational brand of The Independent Institute of Education (Pty) Ltd which is registered with the Department of Higher Education and Training as a private
higher education institution under the Higher Education Act, 1997 (reg. no. 2007/HE07/002). Company registration number: 1987/004754/07.