The assignment of responsibilities for the performance of public functions to levels or spheres of government in South Africa

Abstract

The thesis is focused on the question of how responsibilities for the performance of public functions are assigned to levels or spheres of government. The term "public function" refers to the activities performed by governments in order to satisfy identified community needs. There is a paucity of validated knowledge concerning the particular phenomenon, and the purpose of the study is to make a research based contribution in this connection. Because of the exploratory nature of the study particular attention is paid to the orientation of the research in Public Administration terms, as well as to research design. A study of the assignment of responsibilities in a selection of foreign countries was undertaken, and the findings are recorded and evaluated. The conclusion reached is that in none of the countries studied a clear, comprehensive demarcation of governmental responsibilities has been achieved. Regarding South Africa, the thesis encompasses a historical overview, followed by separate analytical examinations of the arrangements set in place by the 1993 ("interim") and the 1996 ("final") Constitutions. In the pre-democratic era (1910 to 1994), ideological considerations patently played a prominent role. The treatment of the assignment question by the 1993 Constitution is found to have had substantial shortcomings, especially with regard to conceptual and technical aspects, the realisation of assignment principles, and the substance of assigned responsibilities. In the author's opinion a satisfactory deployment of responsibilities was not achieved. The 1996 Constitution improved the assignment scheme, notably through the better realisation of assignment principles, the introduction of exclusive powers for the provinces, and in dealing with the municipal domain. However, the 1996 Constitution also did not achieve a credible and clear-cut assignment of responsibilities. In assessing the degree to which a scientific approach to the assignment question is in evidence, the finding is that such an approach has not been established.

A theoretical assignment model, following a Public Administration approach, is then presented. The model covers language, classification, assignment principles, and methodology. The thesis concludes with a reflection on the research, as well as on the practicalities of achieving improvement in the assignment of responsibilities.