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LCP4809 assignment 1 Semester 2 2025

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LCP4809
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Assignment 1 Semester 2 2025
UNIQUE CODE: 763049
Detailed Solutions, References & Explanations




DUE DATE: 13 August 2025

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The Role of Co-operative Government in the South African Education System

Co-operative government is a constitutional imperative in South Africa and plays a vital
role in shaping the governance and administration of the education system. Enshrined
in Chapter 3 of the Constitution of the Republic of South Africa, 1996, the principle of
co-operative government creates a framework that obliges all three spheres of
government—national, provincial, and local—to function in a harmonious and integrated
manner, particularly in matters of concurrent competency such as education. In South
Africa’s constitutional democracy, each sphere of government is distinct yet
interdependent and interrelated, and the management of education requires that these
spheres collaborate to ensure effective delivery and uphold constitutional values such
as equality, human dignity, and the right to education.1

Section 40 of the Constitution declares that the government is constituted as national,
provincial, and local spheres which are distinctive, interdependent, and interrelated. 2
The Constitution mandates these spheres to co-operate in mutual trust and good faith.3
Section 41(1) outlines the principles guiding co-operative government, including
fostering friendly relations, assisting and supporting one another, and avoiding legal
proceedings against one another. 4 These principles apply equally in the education
sector where both national and provincial governments are assigned legislative
authority. The national government, through the Minister of Basic Education, is
responsible for policy formulation and setting national norms and standards, while
provincial departments are tasked with implementation and administration of education
within their jurisdictions.5




1
Constitution of the Republic of South Africa, 1996, Chapter 3.
2
Constitution, s 40(1).
3
Constitution, s 41(1).
4
Ibid.
5
South African Schools Act 84 of 1996. Disclaimer
Extreme care has been used to create this document, however the contents are provided “as is”
without any representations or warranties, express or implied. The author assumes no liability as
a result of reliance and use of the contents of this document. This document is to be used for
comparison, research and reference purposes ONLY. No part of this document may be
reproduced, resold or transmitted in any form or by any means.

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