LCP4809 Assignment 1 Semester 2 2025 (Answer Guide) - Due 13 August 2025 The role of co-operative government in the South African education system Introduction South Africa’s constitutional order establishes government in three distinct but interdependent spheres national, provincial and local and demands that they act in a spirit of cooperation (Constitution, 1996, ss 40–41). Education is a core constitutional mandate (s 29) delivered predominantly through provincial education departments in partnership with national policy-makers, school governing bodies (SGBs), principals and local authorities. The doctrine of co-operative government and the statutory framework for intergovernmental relations are therefore central to how education policy is made, implemented and litigated. This essay explains the constitutional and statutory foundations of co-operative governance in education, shows how those principles operate in practice (with reference to leading case law), identifies tensions and weaknesses, and suggests how cooperative governance might better realise the right to basic education. Constitutional and statutory framework for cooperative governance in education Chapter 3 of the Constitution codifies the principles of co-operative government: preservation of unity, mutual respect for powers and functions, consultation, coordination, adherence to agreed procedures and an obligation to resolve intergovernmental disputes without immediate recourse to litigation (Constitution, 1996, s 41(1)(e)–(h)). Section 29 entrenches the
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