Chapter 3: Co-operative Government
CHAPTER 3
co-opeRAtiVe GoVeRnment
Government of the Republic
40. �
(1)
In the Republic, government is constituted as national, provincial and local spheres
of government which are distinctive, interdependent and interrelated.
(2) � All spheres of government must observe and adhere to the principles in this Chapter
and must conduct their activities within the parameters that the Chapter provides.
Principles of co-operative government and intergovernmental relations
41.
(1) � All spheres of government and all organs of state within each sphere must—
(a) � preserve the peace, national unity and the indivisibility of the Republic;
(b) � secure the well-being of the people of the Republic;
(c) � provide effective, transparent, accountable and coherent government for the
Republic as a whole;
(d) � be loyal to the Constitution, the Republic and its people;
(e) � respect the constitutional status, institutions, powers and functions of
government in the other spheres;
(f) � not assume any power or function except those conferred on them in terms of
the Constitution;
(g) � exercise their powers and perform their functions in a manner that does
not encroach on the geographical, functional or institutional integrity of
government in another sphere; and
(h) � co-operate with one another in mutual trust and good faith by—
(i) � fostering friendly relations;
(ii) � assisting and supporting one another;
(iii) � informing one another of, and consulting one another on, matters of
common interest;
(iv) � co-ordinating their actions and legislation with one another;
(v) � adhering to agreed procedures; and
(vi) � avoiding legal proceedings against one another.
(2) An Act of Parliament must—
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