Central and provincial government| Public Administration N6
Central and provincial government
QUESTION
Discuss the relationship between the central government and the provincial government.
The relationship between the provincial executive and the national government in South Africa is governed by constitutional mandates and intervention mechanisms.
Firstly, the provincial executive is constitutionally obligated to implement all national legislation within its jurisdiction. However, should a province fail to fulfil its legislative duties, the national government holds the authority to intervene.
This intervention can take various forms, including issuing directives outlining the conditions necessary to fulfil obligations or assuming direct responsibility for the relevant legislative tasks.
Importantly, any intervention by the national government must be formally notified and tabled in the National Council of Provinces (NCOP) within 14 days of its initiation. Alongside this notice, a memorandum must be provided, detailing the rationale and justification for the intervention.
This framework ensures both the implementation of national legislation at the provincial level and a transparent process for national government intervention when necessary, this helps to uphold the principles of cooperative governance and constitutional integrity.