The South African Political System

POLI 123
Dr P Heydenrych (Slides by Dr K.M. Moloko)
Faculty of Humanities
Political Studies and International Relations

Study Unit 10: The Provincial Sphere

of government (This is chapter 6 in
your textbook)
 1. Introduction
• S.A. was redemarcated into 9 provinces in 1994.
• S.A. has characteristics of a unitary and federal state.
• Therefore, municipalities also needed to be demarcated to
make sure that they fall within the correct jurisdiction.
• South Africa’s 9 provinces can be viewed as forming the
provincial sphere of government. Each province has its own
legislature/legislative authority.
• Provincial governments are important for cooperative
governance and policy-making processes.
 2. Roles of provincial government (pg. 143)

1. Strategic role
2. Development role
3. Intergovernmental role
4. Regulatory role
5. Institutional development and capacity building role
6. Fiscal role
7. Monitoring role
8. Intervention role
 3. Functions of provincial government

• The SA constitution refers to the national, provincial and local government as the three “spheres” of
government. These spheres should be viewed as interconnected institutions, although each of them
have autonomy over the functions and issues that are within their jurisdiction.
• Schedules 4 and 5 of the Constitution defines the powers of the provincial and local government. All
other powers that are not defined in these schedules (4 & 5) become placed in the national sphere
of government.
• The hierarchical/vertical development process is governed by the Intergovernmental Relations
Framework Act, 2005, which also dictates how the three spheres of government interact.
• Keep the following in mind: The National Assembly (NA) may adopt legislation regarding any
issue, including those listed in Schedule 4. The NA may also adopt legislation on Schedule 5 in
order to:
(1) maintain national security, (2) economic unity, (3) important national standards, (4) establish
standards for rendering services, (5) prevent provincial actions from harming another province or SA
as a whole (pg 144).
 3. Functions of provincial government (Continued…)

• If conflict exists between the national and provincial legislature regarding a Schedule 4 issue, the
national legislation will enjoy preference if: (1) legislation deals with matters that can’t be resolved
provincially, (2) it relates to uniformity nationwide, (3) legislation deals with socio-economic unity,
state security, promoting equal access to services, etc.
• If a province cannot adhere to it’s constitutional responsibilities a national intervention can take
place in that province. The national government can give a directive to a province or even take
over the functions of that province.
• It is also possible for a province to intervene in a municipality when an executive obligation is not
adhered to. Section 139 of the Constitution makes room for this. See the three cases where it
might be necessary.
• A review process exists which governs each of these interventions, see the role of the NCOP for
example (pg 145).
 4. Provincial Executive Power (see sections 6.4.7 - 6.5.2)

• The provincial legislature consists of between 30 and 80 members who are elected through the
proportional representation electoral system. (Additional information-Definition: “Proportional
representation is the principle that parties should be represented in an assembly or
parliament in direct proportion to their overall electoral strength, their percentage of seats
equaling their percentage of votes” (Heywood, 2019:405)).

• A premier has to be elected from the legislature. The premier works at his responsibilities in
conjunction with Members of the Executive Council (MEC’s) and may only be in office for two
terms (5 years each). MEC’s are appointed by the Premier from the legislature (at least 5 and at
most 10).
• Premiers may be removed from office by the legislature for being unable to perform their duties,
violating the constitution or serious misconduct.
• Portfolios are allocated to MEC’s according to the functions of provinces and both the Premier and
the MEC’s are collectively and individually responsible to the legislature.
• Provinces may develop their own legislation and constitutions that are certified by the
Constitutional Court and must adhere to cooperative governance.
 5. Financing provincial government
• The Constitution requires equitable share of nationally raised revenue for provinces to provide
basic services.

• Wealthier provinces have larger tax bases, infrastructure and working populations to be more
equipped to sustain themselves.

• The Division of Revenue Act determines how financial resources should firstly be divided among
national, provincial and local spheres and then horizontal among the 9 provinces. This results in
“equitable share”.

• National government does not determine how provinces should allocate funds, but spending
should be directed at providing services and public goods as set by national government.

• Provincial governments have limited financial flexibility because the bulk of the funds are
allocated to health services and education which are labour intensive.
 6. Provinces in the Intergovernmental
Context
• Government spheres and institutions are interrelated and interdependent, and should work
together to achieve policy goals.

• These relations are regulated by the Intergovernmental Relations Framework Act in chapter 3
of the Constitution.

• The Act aims to promote service delivery, monitor policy implementation, ensure the
realisation of government’s developmental goals, etc.

• This Act formalises the intergovermental system and framework and was developed for its
implementation in and between the different spheres of government.

• It focus on the role that various bodies and legislations play in this intergovernmental context,
for example: The Division of Revenue Act, the NCOP; interactions with local governments.
THANK YOU