LCP4809
ASSIGNMENT 2
SEMESTER 1 - 2022
, The assignment question involves a critical analysis of the challenges facing the South
African government in developing strong and effective spheres of government and
ensuring that each one fulfils its constitutionally assigned role in a system of co-
operative government. We will be examining the following in the essay:
• What is co-operative government and how does it affect the role of the different
spheres of government?
• What spheres of government are responsible for education management in
South Africa and what are their assigned roles in terms of the Constitution?
• Finally, we will be highlighting some of the ways in which we can improve the
government’s ability to ensure effective co-operative government amongst the
various spheres of government.
What is co-operative government and how does it affect the role of the different
spheres of government?
The Constitution provides that in the Republic, government is constituted as national,
provincial and local spheres of government.1 The Constitution also makes provision
for the concept of co-operative government which essentially means that the national,
provincial and local spheres of government are distinctive, interdependent and
interrelated.2
Co-operative governance envisages co-operation, co-ordination and support among
the spheres of government to promote and maintain effective government. It binds
together the spheres of government and forces them to work together in interrelated
and interdependent relationships, showing mutual respect for each other’s distinctive
character.3
Co-operative government further provides principles for co-operation in
intergovernmental relations and determines ways and means to resolve uncertainties
and possible conflict among the spheres of government. This means that the
relationship among the spheres of government should be one of close co-operation
1 Section 40(1) of the Constitution.
2 Chapter 3.
3 Bray W “The constitutional concept of co-operative government and its application in education”
(2002) Journal for Contemporary Roman-Dutch Law 527.
ASSIGNMENT 2
SEMESTER 1 - 2022
, The assignment question involves a critical analysis of the challenges facing the South
African government in developing strong and effective spheres of government and
ensuring that each one fulfils its constitutionally assigned role in a system of co-
operative government. We will be examining the following in the essay:
• What is co-operative government and how does it affect the role of the different
spheres of government?
• What spheres of government are responsible for education management in
South Africa and what are their assigned roles in terms of the Constitution?
• Finally, we will be highlighting some of the ways in which we can improve the
government’s ability to ensure effective co-operative government amongst the
various spheres of government.
What is co-operative government and how does it affect the role of the different
spheres of government?
The Constitution provides that in the Republic, government is constituted as national,
provincial and local spheres of government.1 The Constitution also makes provision
for the concept of co-operative government which essentially means that the national,
provincial and local spheres of government are distinctive, interdependent and
interrelated.2
Co-operative governance envisages co-operation, co-ordination and support among
the spheres of government to promote and maintain effective government. It binds
together the spheres of government and forces them to work together in interrelated
and interdependent relationships, showing mutual respect for each other’s distinctive
character.3
Co-operative government further provides principles for co-operation in
intergovernmental relations and determines ways and means to resolve uncertainties
and possible conflict among the spheres of government. This means that the
relationship among the spheres of government should be one of close co-operation
1 Section 40(1) of the Constitution.
2 Chapter 3.
3 Bray W “The constitutional concept of co-operative government and its application in education”
(2002) Journal for Contemporary Roman-Dutch Law 527.
