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

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 provincial 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 critique the top-down approach in intergovernmental relations in South Africa by discussing the challenges and prospects. This critique is necessitated by the continuing failures of the top-down approach with regard to implementation of intergovernmental programme and policies. The critique is undertaken through the review of relevant literature including journal articles, books and government reports. The article concludes 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.