The top‐down approach in intergovernmental relations in South Africa: Challenges and prospects

• Published date: 01 May 2022
• Author: Pandelani Harry Munzhedzi
• Date: 01 May 2022
• DOI: http://doi.org/10.1002/pa.2431

ACADEMIC PAPER

The top-down approach in intergovernmental relations in

South Africa: Challenges and prospects

Pandelani Harry Munzhedzi

Department of Public and Development

Administration, University of Venda,

Thohoyandou, South Africa

Correspondence

Pandelani Harry Munzhedzi, Department of

Public and Development Administration,

University of Venda, Thohoyandou, Republic

of South Africa.

Email: harry.munzhedzi@univen.ac.za

The Constitution of the Republic of South Africa of 1996 (hereafter referred to as 1996

Constitution) places an obligation on a higher sphere of government to intervene on

the operations, activities and management of the affairs of a lower sphere. There are

three spheres of government in South Africa, namely, national, provincial and local.

Section 100 of the 1996 Constitution empowers the national sphere to intervene in

the provincial sphere while section 139 of the same Constitution authorises the pro-

vincial government to intercede on the affairs of the local sphere. This intervention is

only subject when the higher sphere of government has satisfied itself that the lower

sphere has consistently failed to adequately manage its own affairs as required by

the 1996 Constitution. It is important to note that the said intervention is a top-down

approach from a higher sphere to a lower sphere. This conceptual paper seeks to cri-

tique the top-down approach in intergovernmental relations in South Africa by dis-

cussing the challenges and prospects. This critique is necessitated by the continuing

failures of the top-down approach with regard to implementation of intergovernmen-

tal programme and policies. The critique is undertaken through the review of relevant

literature including journal articles, books and government reports. The article con-

cludes that the top-down approach to intergovernmental relations has positive

effects to it, however, there are several anomalies that needs to be improved through

the amendment of relevant policy frameworks, implementing a hybrid approach and

beefing-up legislative authorities to enhance their capacities.

1|INTRODUCTION

The 1996 Constitution establishes a unitary system of government in

South Africa consisting of three spheres, namely, the national, provin-

cial and local spheres of government (Ababio, 2007; Department of

Provincial and Local Government, 2006; Munzhedzi, 2014). The very

1996 Constitution goes further in its section 41 where it outlines the

principles that regulates the principles of intergovernmental relations

and co-operative government. Most important is the provision in

Chapter three of the very 1996 Constitution stipulating that each spe-

cific sphere of government implements those functions distinctly

apportioned to it (Mathebula, 2011; Republic of South Africa, 1996).

The national government as provided for by the 1996 Constitution is

mandated to coordinate the implementation of its functions as well as

those of the other two spheres (provincial and local) so as to ensure that

there is integration ingovernment activities in its entirety. However, the

intention of the constitutional makers could have been that the lower

spheres of government would have the necessary capacity, skills,

resources and the political will to implement all the delegated functions

andprogrammewhichisnotnecessarily the case in the context of

South Africa (Kahn, Madue, & Kalema, 2016). Lower spheres tend to lack

financial as well as human resources to implement their respective func-

tions as allocated to them by the 1996 Constitution (Ambe &

Badenhorst-Weiss, 2011;Horn&Raga,2012; Munzhedzi, 2013).

Munzhedzi (2013) goes further to opine that even where requisite

resources are available, there is often a lack of political will to implement

government programme as provided by the policy frameworks of either

higher or lower sphere. The lack of implementation is often attributed to

Received: 28 May 2020 Revised: 20 August 2020 Accepted: 23 August 2020

DOI: 10.1002/pa.2431

J Public Affairs. 2022;22:e2431. wileyonlinelibrary.com/journal/pa © 2020 John Wiley & Sons Ltd 1of8

https://doi.org/10.1002/pa.2431