SA Constitution Chapter 3: CO-OPERATIVE GOVERNMENT

On CO-OPERATIVE GOVERNMENT, which is Chapter 3 of the Constitution, the following might be of interest:

"Government of the Republic

40. (1) In the Republic, government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated..."

"41. (1) All spheres of government and all organs of state within each sphere must—

(a) preserve the peace, national unity and the indivisibility of the Republic;

(b) secure the well-being of the people of the Republic;

(c) provide effective, transparent, accountable and coherent government for the Republic as a whole;

(d) (e) be loyal to the Constitution, the Republic and its people;

respect the constitutional status, institutions, powers and functions of government in the other spheres;

(f) not assume any power or function except those conferred on them in terms of the Constitution;

(g) exercise their powers and perform their functions in a manner that does

not encroach on the geographical, functional or institutional integrity of government in another sphere..."

"...An organ of state involved in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of mechanisms and procedures provided for that purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute. If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved..."

In this section, we learn about the spirit of the constitution concerning the Co-operative Government. For our future conversations, you must remember that Government has three spheres: national, provincial and local. Abekho abantu abahlala kuNational, nabahlala kwaProvincial.

Ngamacandelo namaqumrhu kaRhulumento lawo. Ntonje kukho abantu abawakhokeleyo nabaphetheyo khona. Nabo abobantu suithi ziinkokheli zelizwe namaphondo bahlala aba ezantsi kwaLocal Government (ooMaspala ukutsho).

Abantu boMzantsi Africa ke bonke bakwi Local Sphere of Government. Xa kukho iingxaki ekuhlaleni, ngabo abava ulwamvila kuqala. Ikwangabo abathatha inxaxheba yokusombulula ololwamvina. Ingangumbane, amanzi, intswela ngqesho, ezophuhlisho, ezempilo nemfundo, njalo-njalo.

Iphinde ithi lendawo:

"41. (1) All spheres of government and all organs of state within each sphere must—

(a) preserve the peace, national unity and the indivisibility of the Republic..." ukupheka phambili.

Lentetha ibonisa ukubaluleka kwalamaziko okanye amacendelo karhulumente mathathu ekugcineni ucwangco, ukubambane nobunye belizwe, nobuqilima bukarhulumente.

Sisahleli?

By Olwam Mnqwazi

Photo by Loyiso Mali