UNIVERSITY OF SOUTH AFRICA (UNISA)
Department of Public, Constitutional and International Law
⋄
Citizenship, Public Participation
and Democracy
Compulsory Assignment 02 — Second Semester 2026
⋄
Module Code: CPD1501
Module Name: Citizenship, Public Participation and Democ-
racy
Assignment No.: 02
Due Date: Wednesday, 2 September 2026, 16:00
Semester: Second Semester 2026
Department: Public, Constitutional and International Law
Submitted in partial fulfilment of the requirements for Citizenship,
Public Participation and Democracy at the University of South Africa.
, UNISA | CPD1501 Citizenship, Public Participation and Democracy
Question 1: Constitutional Principles and Institutions
South Africa’s constitutional order rests on the division of state power between three spheres
of government and on a set of independent bodies created to keep that power accountable.1
Each part of this question deals with a different pillar of that design: the rules that bind the
spheres together, the watchdog that polices maladministration, and the split between parlia-
mentary and presidential features that shapes how the executive itself is structured.
1.1 Principles of Co-operative Government
Section 41 of the Constitution binds the national, provincial and local spheres of government
to a single set of behavioural standards, because none of the three spheres would function
well if each pursued its own agenda without regard for the other two.2 Five of these principles
are as follows.
1. Preserving peace, national unity and the indivisibility of the Republic. Every sphere must
exercise its powers in a manner that does not undermine the integrity of South Africa as
a single state, since the country is not a loose federation but a unitary state with strong
provincial and local components.3
2. Securing the well-being of the people of the Republic. The spheres must direct their
functions toward the welfare of the population rather than toward turf protection between
departments or levels of government.4
3. Providing effective, transparent, accountable and coherent government. This principle
requires the spheres, taken together, to operate as a single coherent system rather than
as three disconnected administrations, each answerable for what it does.5
4. Respecting the constitutional status, institutions, powers and functions of government
in the other spheres. A national department may not encroach on a function the Constitu-
tion has allocated to a province or a municipality, and the reverse holds equally.6
5. Co-operating with one another in mutual trust and good faith, including by informing
and consulting one another on matters of common interest, co-ordinating actions and
legislation, and avoiding legal proceedings against one another. Disputes between
1
Constitution of the Republic of South Africa, 1996, s 40(1).
2
Constitution, s 41(1).
3
Constitution, s 41(1)(a).
4
Constitution, s 41(1)(b).
5
Constitution, s 41(1)(c).
6
Constitution, s 41(1)(e).
Page 1 of 14
Department of Public, Constitutional and International Law
⋄
Citizenship, Public Participation
and Democracy
Compulsory Assignment 02 — Second Semester 2026
⋄
Module Code: CPD1501
Module Name: Citizenship, Public Participation and Democ-
racy
Assignment No.: 02
Due Date: Wednesday, 2 September 2026, 16:00
Semester: Second Semester 2026
Department: Public, Constitutional and International Law
Submitted in partial fulfilment of the requirements for Citizenship,
Public Participation and Democracy at the University of South Africa.
, UNISA | CPD1501 Citizenship, Public Participation and Democracy
Question 1: Constitutional Principles and Institutions
South Africa’s constitutional order rests on the division of state power between three spheres
of government and on a set of independent bodies created to keep that power accountable.1
Each part of this question deals with a different pillar of that design: the rules that bind the
spheres together, the watchdog that polices maladministration, and the split between parlia-
mentary and presidential features that shapes how the executive itself is structured.
1.1 Principles of Co-operative Government
Section 41 of the Constitution binds the national, provincial and local spheres of government
to a single set of behavioural standards, because none of the three spheres would function
well if each pursued its own agenda without regard for the other two.2 Five of these principles
are as follows.
1. Preserving peace, national unity and the indivisibility of the Republic. Every sphere must
exercise its powers in a manner that does not undermine the integrity of South Africa as
a single state, since the country is not a loose federation but a unitary state with strong
provincial and local components.3
2. Securing the well-being of the people of the Republic. The spheres must direct their
functions toward the welfare of the population rather than toward turf protection between
departments or levels of government.4
3. Providing effective, transparent, accountable and coherent government. This principle
requires the spheres, taken together, to operate as a single coherent system rather than
as three disconnected administrations, each answerable for what it does.5
4. Respecting the constitutional status, institutions, powers and functions of government
in the other spheres. A national department may not encroach on a function the Constitu-
tion has allocated to a province or a municipality, and the reverse holds equally.6
5. Co-operating with one another in mutual trust and good faith, including by informing
and consulting one another on matters of common interest, co-ordinating actions and
legislation, and avoiding legal proceedings against one another. Disputes between
1
Constitution of the Republic of South Africa, 1996, s 40(1).
2
Constitution, s 41(1).
3
Constitution, s 41(1)(a).
4
Constitution, s 41(1)(b).
5
Constitution, s 41(1)(c).
6
Constitution, s 41(1)(e).
Page 1 of 14
