The pros and cons of Intergovernmental Supervision under the 1996 Constitution of South Africa

Abstract

In South Africa power is exercised simultaneously by all spheres of government.1 Consequently provision is made for the constitutional principles of cooperative government to coordinate government functions and intergovernmental supervision. Given the interdependence, distinctiveness and inter-relatedness of spheres of government,2 intergovernmental supervision is essential to preserve the unity of the Republic, but could also be prejudicial to the autonomy of the spheres. Although this article explores both views of intergovernmental supervisory powers, it is not an exhaustive discussion. Intergovernmental dispute resolution, established under the Intergovernmental Relations Framework Act (IGRFA)3 and the mechanism established by the Constitution to review intergovernmental supervisory powers are also assessed. The article concludes with proposals for improvement