Interventions by national government in provincial governments in South Africa: A critical analysis

Abstract

This thesis critically examines the constitutional and procedural framework for national government intervention in provincial governance in South Africa, as provided under Section 100 of the 1996 Constitution. In doing so, it explores the grounds, procedures, and outcomes of these interventions. The thesis further evaluates the balance between the principles of cooperative governance and provincial autonomy, as well as the extent to which such interventions address systemic failures in governance, financial crises, and service delivery challenges. The study reveals that Section 100 interventions are often necessitated by severe governance breakdowns, such as non-compliance with financial regulations, mismanagement of resources, and the inability to meet constitutional obligations. The thesis critiques the absence of a clear regulatory framework governing the process of national interventions, which often undermines the effectiveness of these measures. It also emphasizes the need for enhanced procedural safeguards to prevent the abuse of intervention powers and to uphold provincial autonomy. Hence, the findings underscore the importance of aligning intervention measures with constitutional principles of cooperative governance, ensuring that interventions are temporary, proportionate, and aimed at restoring the capacity of provincial governments to perform their duties independently. The study therefore argues for constitutional amendments and legislative reforms to clarify the criteria and processes for interventions. The establishment of independent oversight bodies that monitor interventions and ensure that they achieve their intended outcomes without compromising the principles of federalism and decentralization should be strengthened.