| Constitution of the Republic of South Africa, 1996 | Act No. 108, 1996 |
Chapter 3
Co-operative Government
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 —(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 —(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