Intergovernmental relations in South Africa

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Intergovernmental relations in South Africa take place in a framework of a unitary state with 3 tiers of government: national, provincial, and municipal.

Contents

Chapter Three of the Constitution

Chapter 3 of the Constitution of South Africa spells out a description of co-operation between the different tiers of government where each tier has a distinct set of responsibilities which must be respected, and where each tier must not assume a power or function except those conferred on them in terms of the constitution. [1]

Fiscal intergovernmental relations

Central government is largely responsibility for maintaining the finances of the municipalities. [2]

Infrastructure spending had an impact on local employment and economic growth, which was found to be statistically significant positive. [2] There have been failures relating to the management and maintenance of infrastructure projects. [2]

In 2002, there was a large imbalance between the income/expenditures - the national government's income is 2.3 times larger than its expenditure whereas total provincial governments' income was 27 times smaller than its expenditure. [3]

Relationships between different tiers

All three tiers meet through the President's Coordinating Council. [4]

Relationship between the national government and the provincial governments

The national government and provincial government meet through "Minister and Members of Executive Council" meetings [5] The Minister of Cooperative Governance and Traditional Affairs facilitates the relationship between the national and provincial governments.

Relationship between the provincial governments and their municipalities

The provincial governments meet their municipalities through "premiers' intergovernmental forums". [6] For each province, municipalities co-ordinate their policies through chapters of the South African Local Government Association. [7]

Relationship between the national government and the municipalities

The national government distributes significant funding to municipalities. [2] The Minister of Cooperative Governance and Traditional Affairs facilitates the relationship between the national and local governments. The South African Local Government Association coordinates policies between municipalities. [7]

Relationship between the district municipalities and their local municipalities

The district municipalities and their local municipalities meet through district local government. [8]

Relationships within tiers

Relationships between the provinces

The provincial governments may coordinate their policies through interprovincial forums. [9] but they may also raise disputes in the supreme court. [10]

Relationships between the municipalities

The South African Local Government Association coordinates policies between municipalities. [7] IRFA allows for inter-municipal disputes to be raised in the official court. [11]

Intergovernmental Relations Framework Act, 2005

Intergovernmental Relations Framework Act
Parliament of South Africa
  • To establish a framework for the national government, provincial governments and local governments to promote and facilitate intergovernmental relations; to provide for mechanisms and procedures to facilitate the settlement of intergovernmental disputes; and to provide for matters connected therewith.
CitationNo. 13 of 2005
Territorial extentSouth Africa
Assented to2005-08-15
Commenced2005-08-15
Legislative history
Bill titleIntergovernmental Relations Framework Bill
Bill citationNo. 825
Status: In force

In 2005, the Intergovernmental Relations Framework Act was introduced to establish a greater degree of predictability in intergovernmental relations and to provide increased alignment of plans and expenditures of the different tiers of government. [12]

The IRFA allows for a declaration of an intergovernmental financial dispute. [13] [14]

The District Development Model is anchored in the IRFA. [15] In 2024, views were sought by the government on a proposed bill, which would seek to amend the Intergovernmental Relations Framework Act to create more intergovernmental coordination bodies.

IRFA allows for inter-municipal and inter-provincial disputes to be raised in the official court as well as disputes between the provincial and national governments. [11] [10]

The approach established by the Act has been described as "top-down" and has been characterised as ineffective as currently implemented, but several improvements have been suggested. [16]

Uses of the Act

Eskom was found to not be allowed to use the Act to cut off electricity from municipalities, until it had taken all other reasonable steps. [17]

References

  1. ↑ Tapscott, Chris (2000). "Intergovernmental relations in South Africa: the challenges of co-operative government" . Public Administration and Development. 20 (2): 119–127. doi:10.1002/1099-162X(200005)20:2<119::AID-PAD118>3.0.CO;2-G. ISSN   1099-162X.
  2. 1 2 3 4 Rakabe, Eddie; Mabugu, Ramos Emmanuel (2024-09-29). "South Africa's municipalities aren't fixing roads, supplying clean water or keeping the lights on: new study explains why". The Conversation. Retrieved 2025-02-18.
  3. ↑ Roberts, Edward Joseph Philip (2002). "The Financial Relationship Between National and Provincial Governments in South Africa". SSRN Electronic Journal. doi:10.2139/ssrn.310799. hdl: 2066/19122 . ISSN   1556-5068. SSRN   310799.
  4. ↑ World, Sunday (2025-01-20). "Davos | Ramaphosa wants global firms to partner with governments". Sunday World. Retrieved 2025-02-18.
  5. ↑ Mthembu, Thobeka. "Police Minister Senzo Mchunu holds inaugural meeting to address South Africa's crime challenges". www.iol.co.za. Retrieved 2025-02-18.
  6. ↑ Fessha, Yonatan Tesfaye (2006-11-01). "The practice of Premier's intergovernmental forums". Local Government Bulletin. 8 (5): 4–6. hdl:10520/EJC61062.
  7. 1 2 3 Koteli, Tshehla Cornelius (2025-01-30). "Is ERAA a solution for cheaper electricity? Contradictions identified". The Citizen. Retrieved 2025-02-18.
  8. ↑ Shopola, Arthur Moraka (2022-06-01). "Management of District-Local Relations through the District Intergovernmental Forum in Mopani District Municipality, South Africa". African Journal of Governance and Development. 11 (1.1): 25–46. hdl:10520/ejc-ajgd_v11_n1.1_a3.
  9. ↑ "MEC Tertuis Simmers leads Social Infrastructure projects in Cape Town, 26 to 27 Jan | South African Government". www.gov.za. Retrieved 2025-02-18.
  10. 1 2 Mavungu, Eddy Mazembo (2016). "Frontiers of Power and Prosperity: Explaining Provincial Boundary Disputes in Postapartheid South Africa" . African Studies Review. 59 (2): 183–208. doi:10.1017/asr.2016.28. ISSN   0002-0206. JSTOR   26409045.
  11. 1 2 Xulu, Khethukuthula (2024-07-17). "Sparks fly in uMngeni-Msunduzi dispute over Hilton's power provision". The Witness. Retrieved 2025-02-18.
  12. ↑ "History of the Local Government Elections in SA". SABC News. South African Broadcasting Corporation. 2021-10-13. Retrieved 2025-02-18.
  13. ↑ "SA's water crisis | Rand Water reduces flow to non-paying municipalities - eNCA". www.enca.com. 2024-03-03. Retrieved 2025-02-18.
  14. ↑ "Western Cape declares inter-governmental dispute 'to fight for the funds residents deserve'". www.iol.co.za. Retrieved 2025-02-18.
  15. ↑ Nkadimeng, Thembi. "OPINION | Thembi Nkadimeng: Changing dysfunctional municipalities through the district model". News24. Retrieved 2025-02-18.
  16. ↑ Munzhedzi, Pandelani Harry (2022). "The top-down approach in intergovernmental relations in South Africa: Challenges and prospects" . Journal of Public Affairs. 22 (2): e2431. doi:10.1002/pa.2431. ISSN   1479-1854.
  17. ↑ Mathe, Tshegofatso (2020-09-04). "Eskom caught in debt trap". The Mail & Guardian. Retrieved 2025-02-23.
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