THEME 2 (CHAPTER 13) - PROVINCIAL GOVERNMENT:
THE PROVINCES
Thursday, 17 June 2021 08:55
INTRODUCTION
- Most states divide itself into 3 levels/spheres of government
○ National
○ Provincial/Regional
○ Municipal/Local
- Reasons for a PG:
○ Prevention of concentration of power at national level
○ Promotion, involvement + participation of the electorate
○ More effective service delivery
○ Better management of and attention to regional differences between local inhabitants
○ Quicker decision making
○ Greater sensitivity to local circumstances
○ Provincial electorate has stronger + more direct control over the provincial government and its
exercise of government authority
- Negative side of PG:
○ Usually place heavy financial burden/responsibilities on national government
○ Often cause conflict + disagreements
- In SA:
Section 40 of the Constitution regarding the government of the RSA –
(1) In the Republic, government is constituted as national, provincial and local spheres of government
which are distinctive, interdependent and interrelated.
(2) All spheres of government must observe and adhere to the principles in this Chapter and must conduct
their activities within the parameters that the Chapter provides.
Section 43 of the Constitution regarding the legislative authority—
(a) of the national sphere of government is vested in Parliament, as set out in section 44;
(b) of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104
and
(c) of the local sphere of government is vested in the Municipal Councils, as set out in section 156.
, CREATION OF THE 9 PROVINCES OF RSA
- The 9 provinces are a product of the 1910 Union of South Africa
○ Firstly, 4 colonies
Exercised provincial authority over specific matters
□ National Gov still had overriding authority
This system stayed intact until the Interim Constitution
- IC introduced 9 provinces
- 9 provinces were retained in the 1996 Constitution (sec 103)
PROVINCIAL LEGISLATIVE AUTHORITY
- PL's only have the legislative powers specifically accorded to them by the C
○ They do not have any residual powers
- 3 parts of PL's powers:
○ The adoption of provincial Constitutions
○ The adoption of provincial laws
○ The assignment of powers to local governments
THE PROVINCES
Thursday, 17 June 2021 08:55
INTRODUCTION
- Most states divide itself into 3 levels/spheres of government
○ National
○ Provincial/Regional
○ Municipal/Local
- Reasons for a PG:
○ Prevention of concentration of power at national level
○ Promotion, involvement + participation of the electorate
○ More effective service delivery
○ Better management of and attention to regional differences between local inhabitants
○ Quicker decision making
○ Greater sensitivity to local circumstances
○ Provincial electorate has stronger + more direct control over the provincial government and its
exercise of government authority
- Negative side of PG:
○ Usually place heavy financial burden/responsibilities on national government
○ Often cause conflict + disagreements
- In SA:
Section 40 of the Constitution regarding the government of the RSA –
(1) In the Republic, government is constituted as national, provincial and local spheres of government
which are distinctive, interdependent and interrelated.
(2) All spheres of government must observe and adhere to the principles in this Chapter and must conduct
their activities within the parameters that the Chapter provides.
Section 43 of the Constitution regarding the legislative authority—
(a) of the national sphere of government is vested in Parliament, as set out in section 44;
(b) of the provincial sphere of government is vested in the provincial legislatures, as set out in section 104
and
(c) of the local sphere of government is vested in the Municipal Councils, as set out in section 156.
, CREATION OF THE 9 PROVINCES OF RSA
- The 9 provinces are a product of the 1910 Union of South Africa
○ Firstly, 4 colonies
Exercised provincial authority over specific matters
□ National Gov still had overriding authority
This system stayed intact until the Interim Constitution
- IC introduced 9 provinces
- 9 provinces were retained in the 1996 Constitution (sec 103)
PROVINCIAL LEGISLATIVE AUTHORITY
- PL's only have the legislative powers specifically accorded to them by the C
○ They do not have any residual powers
- 3 parts of PL's powers:
○ The adoption of provincial Constitutions
○ The adoption of provincial laws
○ The assignment of powers to local governments
