Intergovernmental relations in South Africa

Abstract

Intergovernmental relations have become particularly significant in South Africa in the past five years. The then Interim Constitution and later Republic of South Africa Constitution Act, 1996 was indeed a watershed in the political history of the country. The ushering in of democracy and the advent of a new government has necessitated a paradigmatic shift in the approach, content and thrust of intergovernmental relations. The new Constitution refers to 'spheres' instead of 'tiers' of government and seeks to emphasise the new relationship of cooperation among the levels of government. In this regard, it should be noted that the principles of cooperative governance have been constitutionalised. National legislation may establish structures and institutions to promote and facilitate intergovernmental relations. Furthermore, it must provide for appropriate mechanisms and procedures to facilitate the settlement of intergovernmental disputes. A framework for intergovernmental relations is currently being developed. Key considerations would include inter alia, ensuring coordination between central and provincial government and at the same time providing opportunities for provincial and local government autonomy. Problems and challenges that has to be addressed includes lack of formal structures and legislation, efficiency and effectiveness of decisionmaking, overwhelming bureaucracy, lack of capacity and clarification of the role of provinces, participation in the provincial legislative process and whether all local authorities should in fact be treated equally. There is an urgent need to introduce legislation to formalise intergovernmental relations. However, in the final analysis the system should not become prescriptive thereby negating constitutional principles.

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