QUESTION 1
1.1 In terms of Section 41 of the Constitution of the Republic of South Africa, 1996, spheres of
government are required to observe and adhere to the principles of cooperative government.
Mention five principles of co-operative government.
In terms of Section 41 of the Constitution of the Republic of South Africa, 1996, the spheres of
government are required to observe and adhere to the principles of cooperative government.
Five principles of co-operative government are:
All spheres of government and all areas of state within each sphere must preserve the national
unity of the Republic.¹
They must secure the well-being of the people.²
They must provide effective, transparent, accountable and coherent government for the
Republic.³
They must be loyal to the constitution and the Republic.⁴
They must respect the powers of government in other spheres and not assume any power or
function, except those conferred on them.⁵
1.2 Chapter 9 of the Constitution provides for a number of independent state institutions
supporting constitutional democracy and one of them is the Public Protector. Briefly discuss the
role of the Public Protector.
Chapter 9 of the Constitution provides for independent state institutions supporting constitutional
democracy. One of these is the Public Protector.
The role of the Public Protector is to investigate, report on, and act against "any conduct in state
affairs, or in the public administration in any sphere of government, that is alleged or suspected to be
improper or to result in any impropriety or prejudice."⁶
Furthermore, "the Public Protector must be accessible to all persons and communities."⁷ The work of
the Public Protector represents an important advance in promoting the ordinary person's access to
government and their ability to obtain redress.⁸
¹ CPD1501, Study Guide, p. 94.
² CPD1501, Study Guide, p. 94.
³ CPD1501, Study Guide, p. 94.
⁴ CPD1501, Study Guide, p. 94.
⁵ CPD1501, Study Guide, p. 94.
⁶ CPD1501, Study Guide, p. 112.
⁷ CPD1501, Study Guide, p. 112.
⁸ CPD1501, Study Guide, p. 112.