Section 40-41 Constitution of South Africa 1996

Preamble Section 1-6 [Chapter 1 – Founding provisions] Section 7-8 (Rights & Appilcation) Section 9 (Equality) Section 10-11 (Human Dignity & Life) Section 12 (Freedom and Security of the Person) Section 13-14 (Slavery, Servitude and Forced Labour & Privacy) Section 15 (Freedom of Religion, Belief and Opinion) Section 16 (Freedom of Expression) Section 17-18 (Assembly, Demonstration, Picket and Petition & Freedom of Association) Section 19 (Political Rights) Section 20-21 (Citizenship & Freedom of Movement and Residence) Section 22 (Freedom of Trade, Occupation and Profession) Section 23 (Labour Relations) Section 24 (Environment) Section 25 (Property) Section 26-27 (Housing & Health Care, Food Water and Social Security) Section 28 (Children) Section 29 (Education) Section 30 (Language and Culture) Section 31 (Cultural, Religious and Linguistic Communities) Section 32 (Access to Information) Section 33 (Just Administrative Action) Section 34 (Access to Courts) Section 35 (Arrested, Detained and Accused Persons) Section 36 (Limitation of Rights) Section 37 (States of Emergency) Section 38 (Enforcement of Rights) Section 39 (Interpretation of Bill of Rights) Section 40-41 [Chapter 3 – Co-operative government] Section 42-52 Section 53-63 Section 64-74 Section 75-82 Section 83-92 Section 93-102 [Chapter 1 – Founding provisions] Section 103 (Provinces) Section 104-114 Section 115-124 Section 125-132 Section 133-141 Section 142-145 (Provincial Constitutions) Section 146-150 (Conflicting Laws) Section 151-164 [Chapter 7 – Local Government] Section 165-172 Section 173-180 Section 181-194 [Chapter 9 – State institutions supporting constitutional democracy] Section 195-197 [Chapter 10 – Public Administration] Section 198-210 [Chapter 111 – Security Services] Section 211-212 [Chapter 12 – Traditional Leaders] Section 213-219 (General Financial Matters) Section 220-230 Section 231-243 (General Provisions) Schedule 1 – National Flag Schedule 1A – Geographical areas of provinces Schedule 2 – Oaths & Solemn Affirmations Schedule 3 – Election Procedures Schedule 4 – Functional Areas of Concurrent National and Provincial Legislative Competence Schedule 5 – Functional Areas of Exclusive Provincial Legislative Competence Schedule 6 – Transitional Arrangements Schedule 7 – Laws Repealed

Section 40-41 Constitution of South Africa 1996

Section 40 and 41 of the Constitution of South Africa 1996 (as amended) are under Chapter 3 of the Constitution. Chapter 3 is titled ‘Co-operative Government‘.

Section 40 Constitution of South Africa 1996

Government of the Republic

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.

Section 41 Constitution of South Africa 1996

Principles of co-operative government and intergovernmental relations

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 ­

SEE ALSO  Article 42 Uganda Constitution 1995

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 ­

a. establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and

b. provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes.

3. An organ of state involved in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of mechanisms and procedures provided for that purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute.

4. If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved.

See also:

Section 38 Constitution of South Africa 1996

Section 39 Constitution of South Africa 1996

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Inioluwa Olaposi

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