For years, lawyers, jurists and academics bemoaned a great gaping hole in our law : the Final had promised to establish a legal regime to mediate and to resolve intergovernmental conflicts. (Constitution of the Republic of South Africa, 1996 (Act 108 of 1996)(Final Constitution or FC). During the first decade of post-apartheid South African life (1996 - 2005), Parliament failed to make good FC s 41(2)'s guarantee that intergovernmental disputes would be resolved by legislation that prevented different spheres of government and opposing organs of state from going to war (or court) over vital policy matters.
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Stu Woolman (2010) studied this question.
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