South African Co-operative Governance PDF

BASIC PRINCIPLES OF SA CO-OPERATIVE GOVERNANCE What is the purpose/aim of co-operation between levels/spheres of the SA government? ▪ Aim of the principles is to emphasise and facilitate inter-governmental co-operation and co-ordination between all levels of government rather than competitive polit...

BASIC PRINCIPLES OF SA CO-OPERATIVE GOVERNANCE What is the purpose/aim of co-operation between levels/spheres of the SA government? ▪ Aim of the principles is to emphasise and facilitate inter-governmental co-operation and co-ordination between all levels of government rather than competitive political conduct ▪ Sphere is used instead of level of government to enhance the type of relationship between the different governmental institutions ▪ The relationship is strictly regulated by the Constitution ▪ This system enhances features of federalism in the new SA legal order ▪ The requirement for co-operation between the spheres of government doesn’t mean that the need for separate spheres of government has disappeared ▪ There is universal recognition that a multi-tiered government is essential in order to ensure public participation and fully democratic societies (especially in ethnically or politically divided societies) Explain the composition of the South African government. (See section 40.) ▪ The SA Cabinet consists of the President, a Deputy President and the Ministers appointed by the President ▪ Section 91 of the Constitution deals with the Cabinet o The Cabinet has no specified number of members, and the President can appoint as many ministers as he deems necessary o The office of the Deputy President is sometimes referred to as a de facto prime minister and has been argued that it appears as if SA is developing a bicephalous executive. Notes by Sasha ©. I assume no responsibility or liability for any errors or omissions in the content of these notes. Please do not illegally share. Identify and analyse the principles of co-operative government and intergovernmental relations as set out in the Constitution. (See section 41.) ▪ Principles of co-operative government o Aim of the principles is to emphasise and facilitate intergovernmental co-operation and co-ordination between all levels of government rather than competitive political conduct o Sphere is used instead of level of government to enhance the type of relationship between the different governmental institutions o The relationship is strictly regulated by the Constitution o This system enhances features of federalism in the new SA legal order o The requirement for co-operation between the spheres of government doesn’t mean that the need for separate spheres of government has disappeared Distinguish between two models of federalism. ▪ Divided model: o One finds two separate sets of political institutions which interact with one another through bargaining and negotiations o There is a clear division between the powers and functions of national and regional governments o The regions or provinces can often impose taxes independently There are no formal mechanisms of co-operation between the level of governments o Provincial or regional interest are not directly represented on the national level Notes by Sasha ©. I assume no responsibility or liability for any errors or omissions in the content of these notes. Please do not illegally share. ▪ Integrated model: o Provides for exclusive and concurrent powers between level of government for a proper division of State revenue, for specific procedures so that levels of government can co-operate with one another and for the participation of lower levels in the highest level of government o Dual federalism was developed in order to describe to uncoordinated co-existence between the federal government and the participating states o The basis of dual federalism was the fact that the national government and the states were in competition with each other and thus viewed each other as competitors rather than partners o Each state institution acted in a separate sphere and had its own separate powers and functions o There was a total disregard of the important linkages that should unite a national and sub-national government o Example: the early governmental system of the USA Notes by Sasha ©. I assume no responsibility or liability for any errors or omissions in the content of these notes. Please do not illegally share.