PAD 212 – Study Unit 3: Inter Gov Relations: Locating Local

Governments
Introduction to Intergovernmental Relations:

South Africa’s system of governance is described in the Constitution as a unitary state,

meaning that sovereignty lies with the national government. However, the country also
exhibits features commonly associated with a federal system, such as a division of
powers and autonomous spheres of government.

Three Spheres of Government

South Africa is divided into three distinct but interrelated spheres of government:

1. National Government
2. Provincial Government
3. Local Government (Municipalities)

Each sphere is created by the Constitution and derives its authority from it—not from each
other. They are not subordinate to one another, but rather expected to work together
cooperatively.

Key Characteristics of the Three Spheres

The relationship between the spheres of government is defined by three key principles, as
outlined in the Constitution:

1. Distinctive
Each sphere has its own powers and functions, clearly allocated by the Constitution.
For example, national government handles foreign affairs, while local governments are
responsible for service delivery like water and waste removal. This distinctiveness
ensures that each sphere knows its role in governance.
2. Interdependent
Despite having distinct powers, the spheres rely on one another. For instance, the
success of local government service delivery often depends on the financial and
policy support from provincial and national governments. No sphere can operate in
complete isolation.
3. Interrelated
The spheres must coordinate their activities because the actions of one sphere often
impact others. A good example is the health sector: while provinces oversee hospitals,
municipalities handle sanitation and clean water—both crucial for public health
outcomes. This means policy and planning must be coordinated across spheres.

Definition and Purpose of Intergovernmental Relations (IGR)

Intergovernmental Relations (IGR) in South Africa refers to the frameworks and processes
that ensure cooperation, coordination, and communication between the national, provincial,
and local governments. These relations are essential for:
  Joint planning and budgeting
 Sharing resources and information
 Avoiding duplication and conflict
 Improving service delivery

IGR ensures that all three spheres of government function as a single system to meet the
developmental needs of the country effectively.

1. The National Health Insurance (NHI) project is a strong example of IGR in practice
because it involves collaboration across all three spheres of government—national,
provincial, and local—to improve healthcare access for all South Africans.

 National Government
The National Department of Health develops the overall NHI policy framework, sets
standards, and allocates funding to provinces.
 Provincial Governments
Provinces are responsible for implementing health services and managing hospitals and
clinics. They receive funding from national government and work on adapting NHI plans
to local needs.
 Local Governments (Municipalities)
Local municipalities play a role in providing basic health-related services, such as
sanitation, water supply, and waste management, which are essential to public health
outcomes.

How IGR works here:

 The three spheres regularly coordinate through formal IGR structures, like the National
Council of Provinces (NCOP) and provincial IGR forums, to align policies and budgets
for the NHI.
 They collaborate to ensure that funding flows smoothly and that health services are
delivered effectively at grassroots levels.
 Local governments provide feedback on community health challenges, which informs
provincial and national policy adjustments.

This coordinated effort across spheres ensures that the NHI functions as an integrated system,
demonstrating the distinctive, interdependent, and interrelated nature of South Africa’s
government spheres working together.

Cooperative Government

In South Africa, cooperative government is a fundamental principle that guides how the three
spheres of government—national, provincial, and local—work together as partners.
Although each sphere has its own powers and functions, they are expected to collaborate
closely to promote effective governance and service delivery.

Principles of Cooperative Government (Section 41 of the Constitution)

Section 41 of the South African Constitution sets out important principles that govern the
relationship between spheres:
 1. Mutual Respect:
Each sphere must respect the constitutional status, institutions, powers, and
functions of the others. No sphere can undermine or interfere improperly in the
functions of another.
2. Adherence to Constitutional Powers:
A sphere may only exercise powers and perform functions that are specifically
conferred on it by the Constitution. It cannot assume powers outside its mandate.
3. Non-Interference:
Each sphere must perform its functions in a way that does not encroach on the
geographical area, functional role, or institutional integrity of another sphere. For
example, local government cannot take over provincial health services.
4. Good Faith Cooperation:
The spheres must work together with mutual trust and good faith. This means sharing
information, supporting each other, and resolving disputes internally rather than through
court battles where possible.

South Africa as One Sovereign Democratic State

Despite the distinctiveness of each sphere, South Africa remains one sovereign democratic
state. This means that:

 Policies, legislation, and activities across all spheres must be aligned with the
Constitution.
 The Constitution acts as the supreme law, guiding all government actions and promoting
unity.

This cooperative approach helps ensure that government actions are harmonious,
coordinated, and legally compliant, ultimately benefiting the citizens they serve.

Constitutional Provisions to Coordinate Public Sector Activities in South

Africa

South Africa’s Constitution includes specific provisions designed to maintain national unity
and ensure effective governance across all spheres of government. These provisions enable
intervention mechanisms that allow one sphere to assist or step in when another sphere is
unable or unwilling to fulfill its obligations. This safeguards the wellbeing of all citizens and
supports the smooth functioning of government.

Purpose of These Provisions:

The main goal is to honour the founding principles of the Constitution by:

 Preserving the unity of the state despite the division of powers,

 Ensuring effective service delivery,
 Promoting the wellbeing of all inhabitants.

Key Sections in the Constitution

1. Section 100: National Executive Intervention in Provincial Administration

 This section allows the national government to intervene in a provincial government if
that province:

o Does not or cannot fulfill an executive obligation (e.g., delivering health

services, maintaining infrastructure),
o The intervention aims to help restore proper functioning and ensure constitutional
obligations are met.
2. Section 139: Provincial Executive Intervention in Local Government

Under this provision, a provincial government may intervene in a municipality if the

local government:

o Fails or cannot fulfill its executive duties,

o Possible interventions include:
 Issuing directives to the municipality to take corrective actions,
 Assuming responsibility for the relevant functions temporarily,
 Dissolving the municipal council and appointing an administrator until
the problem is fixed.

Reasons for Intervention (Sections 44(2), 100, and 139)

Intervention powers are exercised to:

 Maintain essential national standards or ensure minimum service delivery standards

are met (e.g., water supply, sanitation),
 Maintain economic unity by harmonizing economic policies across provinces and
municipalities, supporting national economic stability and growth,
 Protect national security interests,
 Prevent unreasonable actions by provinces or municipalities that could harm other
areas or the country overall.
For example, if a provincial government plans an industrial project that could cause
environmental damage affecting neighboring provinces or the country, intervention can
stop or regulate such actions.

Coordinating Structures (Self Study)

To ensure effective cooperation and coordination among the three spheres of government
—national, provincial, and local—a range of formal structures and institutions have been
established. These bodies help facilitate dialogue, joint planning, budget coordination, and
monitoring to promote smooth governance and service delivery across the country.

Since each sphere has its own powers but operates interdependently, coordinating structures
ensure:

 Consistency and alignment in policy and budgeting,

 Avoidance of duplication or conflict,
 Timely sharing of information and resources,
 Accountability and monitoring of government functions.
1. Loans Coordinating Committee
This committee oversees government borrowing to ensure that national, provincial, and
local governments do not borrow excessively or in conflicting ways. For example, if a
municipality plans to take a large loan for infrastructure development, the committee
reviews it to maintain overall fiscal discipline and avoid risks to the country’s financial
stability.

2. Local Government Budget Forum

The Local Government Budget Forum brings together local municipalities and
provincial/national representatives to discuss budget priorities. For instance, during
budget preparations, municipalities in Gauteng might raise infrastructure needs like
roads and sanitation, which are then coordinated with provincial funding plans to avoid
overlaps.

3. Budget Council
The Budget Council includes members from all spheres of government and coordinates
the annual national budget. This ensures that provincial and local government needs are
incorporated, such as funding for education or health services in rural provinces like
Limpopo.

4. Financial and Fiscal Commission (FFC)

The FFC advises the government on how to fairly divide revenue between national,
provincial, and local governments. For example, it recommends more funds to poorer
municipalities like those in the Eastern Cape to improve service delivery.

5. South African Local Government Association (SALGA)

SALGA represents all municipalities and acts as a voice for local governments. It helps
local governments negotiate with the national government, for example, lobbying for
better grants to improve water services in KwaZulu-Natal municipalities.

6. National and Provincial Monitoring Structures

These bodies track government performance and service delivery. For example,
provincial monitoring forums might oversee how well a province like Western Cape
delivers housing projects, ensuring transparency and accountability.

7. President’s Coordinating Council (PCC)

The PCC is the top forum for government cooperation. It includes the President,
premiers, and local government leaders who meet to coordinate major policy issues. For
instance, during a national disaster like flooding, the PCC facilitates coordination
between affected provinces and national disaster management.

8. National Intergovernmental Forums

These forums allow government officials from all spheres to discuss nationwide issues
such as climate change policies or economic growth strategies, ensuring a unified
approach across South Africa.

9. Provincial Intergovernmental Forums

Within provinces, these forums coordinate activities between provincial departments and
municipalities. For example, in the Eastern Cape, the forum might coordinate rural
development projects involving multiple municipalities.
 10. Municipal Intergovernmental Forums
At the municipal level, these forums bring together ward councillors, community
representatives, and officials to address local issues. For example, a municipal forum in
the City of Tshwane may discuss how to improve waste collection services in specific
wards.

What is Local Government?

 Consists of municipalities that deliver many of the services that people rely on, in their
daily lives.
 Section 155 of the Constitution, provides for 3 categories of Municipalities: Metro,
District, Local
 257 Municipalities, 8 Metro, 44 District, 205 Local.
 Constitution provides powers and function of Local government in Schedule 4 and 5
 Electricity, water, parks, cemeteries, etc
 All 3 spheres, must work together.
 Shared competencies: National and Provincial: Police force and disaster management
 All 3: housing. Implementation for housing projects, local gov responsibility.
 How they govern? They have a council
 Municipal Administration
