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Constitution
Contents

Chapter 1
1-6 Founding Provisions

Chapter 2
7-39 Bill of Rights

Chapter 3
40-41 Co-operative Government

Chapter 4
42-82 Parliament

Chapter 5
83-102 The President and National Executive

Chapter 6
103-150 Provinces

Chapter 7
151-164 Local Government

Chapter 8
165-180 Courts and Administration of Justice

Chapter 9
181-194 State Institutions Supporting Constitutional Democracy

Chapter 10
195-197 Public Administration

Chapter 11
198-210 Security Services

Chapter 12
211-212 Traditional Leaders

Chapter 13
213-230 Finance

Chapter 14
231-243 General Provisions

Schedule 1
National Flag

Schedule 2
Oaths and 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Laws Repealed

Amendments
Constitution of the Republic of South Africa Amendment Act 35 of 1997
Constitution of the Republic of South Africa Amendment Act 65 of 1998
Constitution of the Republic of South Africa Second Amendment Act 87 of 1998
Constitution of the Republic of South Africa Second Amendment Act 2 of 1999
Constitution of the Republic of South Africa Amendment Act 3 of 1999

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Chapter 3
Co-operative Government

Index of Sections

Government of the Republic
Principles of Co-operative Government and Intergovernmental Relations

Government of the Republic

40. (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.

Principles of co-operative government and intergovernmental relations

41. (1) All spheres of government and all organs of state within each sphere must

preserve the peace, national unity and the indivisibility of the Republic;
secure the well-being of the people of the Republic;
provide effective, transparent, accountable and coherent government for the Republic as a whole;
be loyal to the Constitution, the Republic and its people;
respect the constitutional status, institutions, powers and functions of government in the other spheres;
not assume any power or function except those conferred on them in terms of the Constitution;
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
co-operate with one another in mutual trust and good faith by

fostering friendly relations;
assisting and supporting one another;
informing one another of, and consulting one another on, matters of common interest;
co-ordinating their actions and legislation with one another;
adhering to agreed procedures; and
avoiding legal proceedings against one another.

(2) An Act of Parliament must

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

Index | Chapter 4