The pros and cons of Intergovernmental Supervision under the 1996 Constitution of South Africa
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Authors
Mathenjwa, Mbuzeni Johnson
Issue Date
2016
Type
Presentation
Language
en
Keywords
Alternative Title
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
Description
Citation
Mathenjwa, Mbuzeni Johnson (2016) The pros and cons of Intergovernmental Supervision under the 1996 Constitution of South Africa.Presented at the Society of Law Teachers of Southern Africa Conference in Durban, South Africa, on 6-9June 2016 1