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1

Ellis, Peter D. (Peter Daniel). "Financing infrastructure investments in South Africa : intergovernmental fiscal relations and grant-loan linkages." Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/65706.

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2

Nkonyane, Senzo Nkosinathi. "Intergovermental fiscal relations in South Africa: A study of the effectiveness and efficiency of the emerging intergovermental fiscal system." UWC, 2002. http://hdl.handle.net/11394/7454.

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Masters in Public Administration - MPA
The study is based on intergovernmental fiscal relations in South Africa. The focus area is on the current fiscal arrangements. The equitable sharing of nationally collected revenue - the manner in which finances are transferred from central to sub-national governments; vertical and horizontal division, conditional grants are explored. Sub­ national governments' fiscal capacity; their tax base and borrowing powers are also examined. Various legislation, institutions and structures as well as practices in the intergovernmental fiscal system are explored in order to evaluate the effectiveness and efficacy of the emerging fiscal system. Historical developments of intergovernmental financial relations in South Africa are explored in order to explain why certain things in the current fiscal system are done and others not; where other practices originated and what prompted the current system. Cooperative governance is discussed, as fiscal arrangements are impossible if the three spheres of government do not co-ordinate their functions and Legislation. The study employs both the qualitative and quantitative method of data collection, including secondary sources, which comprise library books, journal articles, policy documents and newspapers and news bulletins. Primary sources used, are interviews with personnel from the Financial and Fiscal Commission, provincial and local governments as well as members of the general public. The study concludes th.at the emerging intergovernmental fiscal system in South Africa is still in a state of flux, in the light of enabling legislation still outstanding and some institutions and structures. of promoting cooperative government lacking teeth, it will take a while for the system to reach a state where it could be declared effective and efficient
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3

Feni, Dumisani Wiseman. "Assessment of the impact of intergovernmental relations (IGR) on service delivery in the Department of Cooperative Governance and Traditional Affairs (COGTA) in the Eastern Cape province (1994-2009)." Thesis, University of Fort Hare, 2010. http://hdl.handle.net/10353/529.

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The Constitution Act, 108 of 1996 declares that: 'in the Republic, government is constituted as national, provincial and local spheres of government that are distinctive, interdependent and interrelated". Section 41(1)of the above Constitution further states that there shall be cooperation, mutual trust and good faith between these three spheres. They should inform and consult one another on matters of common interest, co-ordinate their legislation, and adhere to agreed procedures. In addition, it is expected that acts of Parliament should establish structures and institutions to promote and facilitate intergovernmental relations, and provide mechanism and procedures to facilitate settlement of intergovernmental disputes. In view of the above, it is evident that co-operative government can be regarded as one of the cornerstones of the new constitutional dispensation in South Africa and intergovernmental relations can be regarded as practical instrument for ensuring co-operative government in the delivery of services by the three spheres of government. The study therefore seeks to assess the impact of intergovernmental relations on service delivery in the Department of Cooperative Governance and Traditional Affairs in Eastern Cape Province from the year 1994-2009. It also attempts to show the importance of intergovernmental relations to service delivery especially in integrated development planning, co-operation and co-operation and co-ordination of policies and plans. "The assessment of the impact of intergovernmental relations on service delivey in the Department of Co-operative Governance and Traditional Affairs in the Eastern Cape Province (1994-2009)".
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4

Brand, Dirk Johannes. "Distribution of financial resources and constitutional obligations in decentralised systems a comparison between Germany and South Africa." Thesis, Stellenbosch : University of Stellenbosch, 2005. http://hdl.handle.net/10019.1/1167.

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Thesis (LLD (Public Law))—University of Stellenbosch,
In this dissertation a comparative study is made of the constitutional accommodation of the distribution of financial resources and constitutional obligations to the various spheres of government in Germany and South Africa. Both countries have decentralised or multi-level systems of government and can be classified, in terms of current studies on federalism, as integrated or cooperative federal systems. An overview of the historical developments, the political contexts, the fundamental principles and the constitutional frameworks for government in Germany and South Africa is provided as a basis for the in-depth analysis regarding the financial intergovernmental relations in these countries. This study has shown that economic theory is important in the design of decentralised systems of government and that political and socio-economic considerations, for example, the need for rebuilding Germany after World War II and the need to eliminate severe poverty in South Africa after 1994, often play a dominant role in the design and implementation of decentralised constitutional systems. The economic theory applicable to decentralised systems of government suggests a balanced approach to the distribution of financial resources and constitutional obligations with a view to obtaining the most efficient and equitable solution. In both countries the particular constitutional allocation of obligations and financial resources created a fiscal gap that required some form of revenue sharing or financial equalisation. The German financial equalisation system has been developed over fifty years and is quite complex. It attempts to balance the constitutional aim of reasonable equalisation of the financial disparity of the Länder with the financial autonomy of the Länder as required by the Basic Law. The huge financial and economic demands from the eastern Länder after unification in 1990 placed an additional burden on the available funds and on the financial equalisation system. Germany currently faces reform of its financial equalisation system and possibly also bigger constitutional reform. The South African constitutional system is only a decade old and the financial equalisation system that is less complex than the German system, is functioning reasonably well but needs time to develop to its full potential. The system may however require some adjustment in order to enhance accountability, efficiency and equity. A lack of sufficient skills and administrative capacity at municipal government level and in some provinces hampers service delivery and good governance and places additional pressure on the financial equalisation system. The Bundesverfassungsgericht and the Constitutional Court play important roles in Germany and South Africa in upholding the principle of constitutional supremacy, and make a valuable contribution to the better understanding of the constitutional systems and the further development thereof. This study has shown that clear principles in constitutional texts, for example, such as those contained in the Basic Law, guide the development of applicable financial legislation and add value to the provisions on financial equalisation and how they are implemented. These principles in the Basic Law are justiciable and give the Bundesverfassungsgericht an important tool to adjudicate the financial equalisation legislation. The study of the constitutional accommodation of the distribution of financial resources and constitutional obligations in Germany and South Africa is not an abstract academic exercise and should be seen in the particular political and socio-economic contexts within which the respective constitutions function. The need to give effect to the realisation of socio-economic rights, for example, the right of access to health services, places additional demands on the financial equalisation system. The South African society experienced a major transformation from the apartheid system to a democratic constitutional order that in itself has had a significant influence on financial intergovernmental relations. This dissertation focuses on a distinct part of constitutional law that can be described as financial constitutional law. This comparative analysis of the two countries has provided some lessons for the further development of South Africa’s young democracy, in particular the financial intergovernmental relations system.
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5

Maluleke, Pule Thomas. "Implementation of intergovernmental relations frame work act in the delivery of services : the case of the Greater Giyani Municipality, Limpopo Province." Thesis, University of Limpopo, 2017. http://hdl.handle.net/10386/1954.

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Thesis (MPA.) -- University of Limpopo, 2017
The local sphere of government is the crucible of services delivery in South Africa, however since the first local government election, various local government authorities have been plagued by service delivery. In order to improve such delivery at local level, various legal and policy instruments has been designed, including the enactment of Intergovernmental Relations Framework Act 13 of 2005 (IGRFA). Despite the promulgation the IGRFA to formalise cooperation and collaboration between State departments and the local government authorities, municipalities are still grappling with inefficient and ineffective implementation of service delivery programmes. These failures have resulted in incidents of violent protest by members of local communities against local municipalities across all provinces. The study examines the implementation of intergovernmental relations (IGR) and Intergovernmental Relation Frame Work Act, and the effect thereof on the efficiency and effectiveness of service delivery through the prism of Greater Giyani Municipality. The study has adopted the qualitative research methods to determine the extent of IGR and IGRFA implementation amongst and between state institutions. The study also made application of quantitative study to determine the efficiency and effectiveness of service delivery undertaken by state institutions within Greater Giyani Municipality. The study found that there are various challenges which impede the implementation of IGR and IGRFA amongst the state institutions, and that such impediments result in ineffective and inefficient rendering of services within the Greater Giyani Municipality. The study further highlights the actions which need to be taken in order circumvent factors which impacts on the implementation of IGRA and IGRFA amongst State institutions. The study makes recommendations which may be adopted by officials of both national and provincial departments and municipalities in order to improve the implementation of IGR and IGRFA to enhance the efficiency of the execution of service delivery programmes. The study has also developed a framework which can be used to enforce the implementation of IGR and IGRFA for the augmentation of service delivery within local municipalities.
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6

Josie, Mervyn Jayaprakash. "Accounting for economic disparities in financing municipal infrastructure in South Africa: a case study using data from the cape Winelands District Municipality." Thesis, UWC, 2011. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_8296_1392966867.

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In this thesis I argue that by taking account of economic disparities and backlogs in intergovernmental infrastructure grants to municipalities in South Africa, government will effectively meet its constitutional obligation to equitably allocate infrastructure grants to local government according to the principles of parity, proportionality and priority (Young, 1994). Municipalities will thus be able to provide basic services to households in keeping with the Bill of Rights of the Constitution of South Africa (1996). Adapting the Petchey et al (2004) provincial capital expenditure grant model to the provision of municipal services using secondary data and information from local municipalities in the Cape Winelands District, I evaluate whether government&rsquo
s existing municipal grants are allocated equitably and, whether they account for disparities that differentiate municipalities from each other. The findings from my analysis show that the current approach to financing municipal infrastructure does not sufficiently account for disparities and thus, undermines the requirement for equitability, adequacy and efficiency of intergovernmental allocations. Consequently, the right of citizens to basic municipal services is compromised and the macroeconomic structure is weakened. Furthermore the institutional arrangements for local government autonomy is undermined because municipalities cannot ensure stability, predictability, flexibility and economic efficiency of infrastructure budgets. As municipalities receive part of their finance from national government through infrastructure grants, I used data from five local municipalities to examine the extent to which there is equitability and efficiency in the way this finance is allocated. To this end I constructed and applied a composite disparity index for each municipality to my adapted municipal infrastructure grant model to analyze and observe the impact of economic disparities in grant allocations. The findings show that a grant model that accounts for economic disparities satisfies the constitutional, economic and institutional considerations that should inform municipal grant allocation decisions. I conclude the thesis by highlighting the limitations and possibilities of using a municipal infrastructure grant model that accounts for economic disparities and, I propose some recommendations for applying such a model in South Africa.

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7

Verwey, Len. "Key efficiency and equity aspects of providing basic local services in South Africa." Thesis, Stellenbosch : Stellenbosch University, 2008. http://hdl.handle.net/10019.1/2710.

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Thesis (MComm (Education))--Stellenbosch University, 2008.
In enquiring after the best means of financing basic local services in South Africa, the thesis begins by reviewing the arguments for fiscal decentralisation and the efficiency criteria for expenditure and revenue assignment. The role of local government within South Africa’s system of intergovernmental fiscal relations is then evaluated. A chapter is devoted to the efficient pricing of infrastructure for household services. However, it is emphasised that such pricing is unlikely to meet equity criteria for access and affordability. The equity aspect of providing basic local services is explored further from the perspective of South African Constitutional obligations and the current basic services policy framework. A concluding chapter discusses issues arising out of the work and provides some recommendations.
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8

Banda, Raymond Lorato. "Intergovernmental fiscal reform in South Africa : preference matching, efficiency and accountability." Master's thesis, University of Cape Town, 2007. http://hdl.handle.net/11427/3799.

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Includes bibliographical references (leaves 79-85)
The central purpose of this paper is to assess whether the South African intergovernmental fiscal relations system enables provinces to achieve preference matching, efficiency and accountability. In the final analysis the paper contests that the system does not enable preference matching because of centralized policy making, provincial over reliance on national transfers to finance their expenditures and the fact that the system was not necessarily crafted for purposes of preference matching but national unity and the need to address the imbalances of the past.
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9

Geldenhuys, Abie J. "Actions for local government excellence in intergovernmental relations in South Africa." Interim : Interdisciplinary Journal, Vol 4, Issue 2: Central University of Technology, Free State, Bloemfontein, 2005. http://hdl.handle.net/11462/437.

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Published Article
The Constitution of the Republic of South Africa, 1996 (Act 108 of 1996) and conclusive Acts analysed in this article reflects the process of local government democratization in South Africa. In this milieu, the importance of intergovernmental relations in South Africa as a determining factor in the democratization process is evident. It is further argued that the operational activities flowing from these Acts directly shape the success of intergovernmental relations. This article therefore investigates the decisive influence operational activities have on intergovernmental relations. The local government integrated development plan (IDP) in general and the specific assessment process in particular serves as an example in this research of the influence of these activities on intergovernmental relations. This article then identifies appropriate actions and examines the contribution of important role players and government institutions to promote and facilitate intergovernmental relations in South Africa in this challenging environment. The research finally focuses on the involvement of other external institutions, specifically the Intergovernmental Institute of South Africa (IGISA), and the endeavour to support the promotion and facilitation of excellence in intergovernmental relations in South Africa.
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10

Hene, Boniswa Debbie. "Cooperative government in South Africa : examining enforcement mechanisms for municipalities to comply with South Africa’s water regulatory framework." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5119.

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Magister Philosophiae - MPhil
There is overwhelming evidence that South Africa’s rivers are heavily polluted, a situation which is attributable to a large degree to poorly functioning and inefficiently managed waste water treatment works in municipalities. The evidence suggests, furthermore, that municipalities often do not comply with their constitutional obligation to provide water services in a sustainable manner and promote a safe and healthy environment. Such non-compliance infringes on people's constitutionally guaranteed rights to a pollution-free environment and equitable access to sufficient and safe water. The problem is that municipalities are not properly managing the waste water treatment works (WWTWs) and not regulating industrial discharge into these works in accordance with the prescribed national norms and standards. The National Water Act 36 of 1998 and other related Acts provide for legal and informal enforcement mechanisms that criminalise acts of pollution. However, none of them have been effective in enforcing municipal compliance with the national norms and standards of effluent management. There are two main reasons for this. First, the constitutional structure does not allow the Minister responsible for water management to exercise direct supervision of the municipalities despite the functional relationship the Department of Water and Sanitation has with municipalities in respect of water. Secondly, the Constitution (1996) instructs the spheres of government to avoid legal processes and cooperate with one another by intervening to execute the function if the sphere responsible for the function lacks capacity. This thesis explores the possible use of two statutory instruments of cooperative government and intergovernmental relations as strategies to complement and support the conventional enforcement measures in the water sector: the establishment of water intergovernmental forums; and the use of implementation protocols to supervise municipalities that chronically lack capacity as a way of providing targeted support and monitoring to facilitate an effective compliance and enforcement regime in the water sector.
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11

Muluneh, Yitages Alamaw. "Supervisory power of the Centre to Regions in South Africa and Ethiopia: a comparative analysis." Thesis, University of the Western Cape, 2009. http://hdl.handle.net/11394/2680.

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12

Mello, David Mbati. "Intergovernmental relations in the management of the Great Limpopo Transfrontier Park." Thesis, Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-09182007-155614/.

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13

Ile, Isioma Uregu. "A Public administration approach to managing intergovernmental relations system in the governance of the state a case review of Nigeria and South Africa /." Thesis, Pretoria : [s.n.], 2007. http://upetd.up.ac.za/thesis/available/etd-09172007-124935/.

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14

Mayedwa, Mziwoxolo. "An exploratory study of inderstanding electronic government in facilitating intergovernmental relations to encourage cooperative governance in South Africa." Thesis, University of the Western Cape, 2010. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2848_1306904945.

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The study seeks to investigate the perceived lack of coordination, integration, and coherence among units of government as related to eGovernment. The nature of the study is qualitative with a focus on the use of eGovernment in the public sector and whether it can facilitate intergovernmental forums business processes in an effective and efficient manner. The scope of the study is confined to the intergovernmental fiscal system but focused on eGovernment, intergovernmental relations, and cooperative governance. The primary objective of the study is to explore the use of eGovernment whether it can facilitate, coordinate, and integrate intergovernmental relations. Some studies portray that there are challenges in the coordination of intergovernmental forums which have resulted into a disintegration of services. The study further investigates options that could mitigate these challenges through acknowledging the effective application of ICTs (eGovernment) in government services. The study has found that South Africa has a functioning system of intergovernmental which are not effectively coordinated in terms of engaging each other in matters of mutual interest. On the other hand, eGovernment promised to bring about cohesion and transparency when they are effectively employed. The study revealed that the application of eGovernment in the intergovernmental forums has the capability to improve their operations, respond to its ineffective coordination and improve delivery of services. In a nutshell, the study has found that there is a need for a radical planning outlook that recognises proper utilization of eGovernment in the intergovernmental forums to promote cooperative governance.

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15

Haurovi, Maxwell. "The role of co-oporate government and intergovernmental relations in promoting effective service delivery, a case of the Amathole District Municipality." Thesis, University of Fort Hare, 2012. http://hdl.handle.net/10353/d1007112.

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The historic year of 1994 marked the demise of the apartheid government and its replacement with a new era of participative democracy in South Africa. Government in the new South Africa adopted a decentralised structure underpinned by chapter three of the Constitution (1996). Consequently, there are three spheres of government, which are, national, provincial and local levels. These spheres are obliged and mandated to mutually cooperate and support each other through peaceful interactions termed intergovernmental relations (IGR) which are aimed at achieving a cooperative system of government. IGR is institutionalised through forums which cut-across all spheres of government and such structures are established by the Intergovernmental Relations framework Act (No. 13 of 2005). Sustained intergovernmental cooperation can lead to an integrated and coordinated system of government, which can, deliver services effectively while meeting the needs of the citizens and ultimately promoting sustainable socio-economic development in South Africa.The aim of this empirical study was to assess the role played by cooperativegovernment and intergovernmental relations in promoting effective delivery of services in the Amathole District Municipality (ADM). Local government is the ‘grassroots’ government and it is where the actual rendering of services is situated which was reason behind the choice of the study area by the researcher. The study adopted amixed-method research paradigm in which both the quantitative and qualitative research paradigms were triangulated to ensure that the validity and reliability of the research findings is improved. Data in the study was gathered from a representative sample of seventy (70) respondents carefully selected using non-random sampling designs, viz, judgmental and snowball sampling. The study used both primary (questionnaires and interviews) and secondary (documentary analysis) sources of data to achieve the research objectives as validly as possible. Respondents in the study comprised of municipal officials, IGR practitioners, representatives from Community Based Organisations and the residents of ADM. Data analysis was done using the Statistical Package of Social Sciences (SPSS) software and the mains findings of the study were that; ADM has got IGR forums in existence although some of these are dormant and dysfunctional, only three out of the seven local municipalities in ADM are cooperative in IGR, there is general lack of political will on the side of politicians in terms of support of IGR initiatives, political factionism and interferences is crippling IGR and cooperation, the legal framework for IGR needs revision and revamping, there are still communities without access to basic services in ADM, public sector planning cycles are fragmented and need synergisation and IGR is not being monitored and evaluated. The study therefore recommended that; the relevant stakeholders in IGR should be fully dedicated towards cooperation, planning cycles for public entities need to be synergised, the National Planning Commission (NPC) should take an oversight role in the entire planning process, the legislation should be enacted which has a clause for punitive action being taken against those who fail to cooperate in IGR and the national, provincial and local governments should prioritise access to basic services in communities cooperatively.
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Puwani, Linda Eric. "The role of inter-governmental relations in the local economic development processes of the Cacadu District Municipality." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/d1006264.

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The primary aim of this study was to examine the role of inter-governmental relations in the local economic development processes of the Cacadu district municipality. The sample for the study was selected from Cacadu District Municipality, with five respondents participating in the survey. A qualitative methodology was used in the data collection and item analysis. This showed that the research instrument had good reliability. The literature review reveals that municipal local economic development in South Africa does not rely exclusively on competition. The Cacadu district municipality developed an inter-governmental relations policy that outlines the inter-governmental system and structures that need to be established in the district. In terms of this policy, a number of inter-governmental structures were established, ranging from the Cacadu District Mayor’s forum through Communications and AIDS structures to the Integrated Development Planning and LED Forums. Apart from the Local Economic Development (LED) forum, the findings of this study reveal that there are two further LED-related structures in the Cacadu District Municipality (CDM), namely: an operational District Support Team and a Rural Economic Development Initiative. The co-ordination takes place at the IDP forum, during the IDP processes, and at the Mayor’s and Municipal Managers’ forum. During the time of the research, the CDM was reviewing its economic growth and development strategy. The findings of the study suggest that the district is moving away from planning for isolated local economic development projects. The case study of Camdeboo Satellite Aquaculture Project (CSAP) illustrates the impact of inter-governmental relations and co-ordination in the Cacadu District Municipality. The design of the Project took place between November 2007 and June 2008.A detailed Business Plan for both farming and factory operations over a ten-year period has been compiled and subjected to a thorough evaluation by the CSAP Project Steering Committee, which includes the Industrial Development Corporation, the Development Bank of South Africa, the Eastern Cape Development Corporation and Department of Agriculture, Forestry and Fisheries – with financial support from Thina Sinako (a joint venture between the European Union and the Eastern Cape provincial Treasury).
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Ngoy, Ntanda N'shii Tshambe. "The challenge of cooperative government and its implications for the financial and fiscal management systems in South Africa." University of the Western Cape, 2009. http://hdl.handle.net/11394/3064.

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Masters in Public Administration - MPA
Can a country function without a legislative framework able to inform decisionmaking processes taken at different spheres of government? To what extent would actions conducted at various spheres of government be efficiently coordinated and informed by appropriate channels of constitutional provisions and legislative amendments to consolidate financial and intergovernmental fiscal relations policy-making tools for the realization of an efficient local developmental state? Answers to the above mentioned two questions refer to normative fiscal policy principles and prescriptive instruments of intergovernmental fiscal transfer design, whose orientation suggests better ways of framing sound and coherent programs and interventions that strengthen cooperative synergy and transfer knowledge of experience gained in empirical investigations and various South African environments of higher academic learning. Growing evidence acknowledges South Africa as one of the young democratic countries that has been going through a period of transition over the past three years as it changes its system of public finance from a structure suited to the old apartheid system to one consistent with the new South African Constitutional dispensation. While the former system was highly centralized, the newconstitution makes a clear commitment to municipal governments as important providers of government services, with greater tax and spending powers. Even as local autonomy has been substantially increased, there remains uncertainty as to the most appropriate design of a system of intergovernmental fiscal grants to metropolitan areas and townships. This study analyses this situation and further develops a generic design for intergovernmental transfers and its suitability to the realities of South African municipalities on the ground within the framework of Cooperative Government. This study concludes that fiscal management, as a cross-cutting discipline, is a powerful instrument for government’s revenue sources at the national, provincial and local government levels. Financial management should be regarded as a co-coordinating mechanism managing government’s expenditure and catalyzing sound financial relationship for an efficient management in the country, thus allowing government to budget effectively for the delivery of goods and services in order to attain the constitutional mandate of a developmental state.
South Africa
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18

Sokhela, Patrick Mzungezwa. "Intergovernmental relations in the local sphere of government in South Africa with specific reference to the City of Tshwane Metropolitan Municipality." Thesis, Pretoria : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-09192007-114115/.

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Van, der Merwe de Vos Wouter. "Taxation of non-residents in South Africa with specific reference to withholding taxes." Thesis, Nelson Mandela Metropolitan University, 2017. http://hdl.handle.net/10948/21296.

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This treatise tests the effectiveness of withholding taxes imposed by the South African tax authorities with respect to amounts paid from a South African source to a non-resident in respect of interest, royalties and foreign entertainers and sportspersons. The first research objective discusses the alignment of the meaning of words and phrases in both the domestic law of South Africa and Double Tax Agreements (DTA.) The second issue outlines whether the DTA supports the domestic law through the waiving of tax claims in favour of the country of source. In last instance the attribution of income is discussed. The interpretation attached to the words for the purpose of levying normal tax, serves as the methodology for identifying inconsistencies with the levying of withholding tax. The wider scope of withholding taxes with respect to the meaning of ‘interest’, ‘royalties’ as well as ‘foreign entertainer and sportsperson’ misaligns with the corresponding meaning of it in the DTA. This creates the risk that amounts paid to non-residents will either not be subjected to withholding tax in the source state or that the income will be taxable in the resident state as a result of the application of other articles of the DTA. DTA’s concluded between South Africa and other countries are based on the OECD Model Tax Convention. These DTA’s tend to favour the residence state with respect to the waiving of tax claims. The source state’s right to collect withholding tax on income from royalties and interest is prevented if the foreign person is physically present in South Africa for more than 183 days and if the interest/royalty payment is effectively connected with a permanent establishment in South Africa. The domestic law and DTA are misaligned with respect to the attribution of interest and royalty income since the recipient of the income for the purpose of the domestic law is not necessarily the beneficial owner of the debt claim or intellectual property. It can therefore be recommended that South Africa must renegotiate DTA’s to favour taxation in the source state. Withholding tax provisions must also be redrafted to align them with the DTA meaning.
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Davids, Gregory Jerome. "Local Government Capacity for Policy Implementation in South Africa: A Study of the Saldanha Bay and Swellendam Municipalities in the Western Cape Province." University of the Western Cape, 2009. http://hdl.handle.net/11394/7759.

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Philosophiae Doctor - PhD
Local government in South Africa is an autonomous policy implementation arm of the government system. The purpose of this study was to examine the institutional, organisational, and human resource capacity challenges the Saldanha Bay and Swellendam Municipalities in the Western Cape faced in their policy implementation especially on poverty alleviation. The objectives of the study were to develop a theoretical framework for examining institutional, organisational and human resource capacity in the Saldanha Bay and Swellendam Municipalities; to discuss the local government constitutional, legislative and policy framework within which the Saldanha Bay and Swellendam Municipalities delivered services to communities; to examine the capacity challenges in the service delivery of the Saldanha Bay and Swellendam Municipalities and, thereby, highlight operational problem areas; and to make general policy recommendations on the basis of the research findings of the study. The methodology used was the case-study approach. It allowed an in-depth understanding of the dynamics present within Saldanha Bay and Swellendam municipality. The methodology enabled the researcher to answer the research question: In what ways, and with what results has institutional, organisational and human resource capacity affected service delivery in the Saldanha Bay and Swellendam Municipalities in the Western Cape? The major findings of the study were that local government capacity for policy implementation is directly influenced by the presence or otherwise of institutional, organisational and human resource capacity. These dimensions of capacity are mutually inclusive, independent and interrelated in practice. The study makes several policy recommendations. In the area of institutional capacity the recommendations were that floor-crossing legislation and practices must be done away with; that weak capacitated municipalities ought to be alleviated by public - private partnerships as a mechanism to enhance a municipality's ability to develop and implement policy; and that instead of solely setting standards and monitoring performance, the provincial treasury should assist municipalities to acquire financial competencies. In the area of organisational capacity it was recommended that the community ought to participate in the recruitment and selection committee of the Municipal Manager. It was also recommended that municipalities should establish district-wide forums for financial heads whose purpose would be to create a platform for collaboration, and for the exchange of ideas. And in the area of human resource capacity it was recommended that district municipalities ought to assume a more prominent role in building the capacity of the local authorities with which they share legislative and administrative powers. It was also recommended that both the administrative and political leadership ought to participate in compulsory executive and/or leadership training programmes SALGA implements through some tertiary educational institutions and/or through private service providers.
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21

Shabalala, Dumisani Sipho Derrick. "Intergovernmental fiscal relations in South Africa." Thesis, 1999. http://hdl.handle.net/10413/4239.

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Objective of the study. This study is about the intergovernmental fiscal relations in South Africa. The primary objective is to review the international experience of fiscal decentralisation with the view to providing answers to the issue of revenue sharing, problems of expenditure and revenue assignment, and the impact of the whole decentralization on the size of the public sector in South Africa. Methodology. The methodology adopted in this study includes (1) a review and comparison of the practise of fiscal decentralisation in four countries, and (2) an econometric investigation into the impact of fiscal decentralisation on the size of the public sector, using time series quarterly data for the period 1993/94 to the second quarter of 1998/99. Regarding the econometric investigation, a single linear regression model including fiscal decentralisation, fiscal collusion, income and population are assumed to influence the size of the public sector. Study Findings. Our analysis provides certain interesting results. First, the countries reviewed tend to assign functions in a manner that is consistent with the public finance theory that functions that are distributive in nature and those that are meant to ensure the country's stability should be reserved exclusively for the federal or national government. Whereas the Australian, Canadian and Brazilian's revenue decentralization show a number of significant taxes that are devolved to the lower levels of government, Germany represents a strong collection at the center. The discrepancy is compensated for by the use of equalization grants in the German model. Second, fiscal decentralisation is found to exert a negative influence on the size of the public sector, although the impact is statistically not significant. The insignificance of the impact of fiscal decentralisation on the size of the public sector is explained in terms of the fact that there has, in fact, been very little decentralisation in South Africa. The size of the provincial and local government own source revenue relative to the consolidated general government expenditure is very little, pointing to the serious lack of revenue raising powers by the sub-national governments and thus the absence of any meaningful extent of decentralisation. Third fiscal-collusion exerts a significant negative influence on the size of the public sector. That is, the size of the public sector will reduce if provinces and local authorities are granted enough power to raise their own revenues. This result indicates that the massive transfers of revenue from the national government to the provinces and local authorities (revenue sharing) significantly reinforces the expanding influence of the decentralised expenditures financed through revenue transfers. Fourth, the overall size of the country's population is found to be inversely related to the size of the public sector supporting the argument that as population increases, economies in providing services are reaped.
Thesis (M.Com.)-University of Natal, Pietermaritzburg, 1999.
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22

Mathane, Tlou Phillemon. "A critical evaluation of the South African intergovernmental grant system." Thesis, 2012. http://hdl.handle.net/10210/5922.

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M.Comm.
That there has been a revolution in intergovernmental fiscal relations system is undeniable. The political and constitutional transformation that took place in South Africa has not gone unnoticed in the civil society, and certainly not in the international world affairs. After a period close to a decade of democratic system of governance in South Africa, the time is more than ripe to do a comprehensive review of intergovernmental fiscal relations. Given the variety of demands and pressures on the system, both from policy and from a constitutional point of view, it is important to reflect on the performance of the system in a manner that prepares it for future challenges. Provinces are no longer merely spending agencies for central government. Instead, they have been empowered by the Constitution to fashion their own policy priorities in certain areas and to translate these into resource allocations that will support these policy objectives. The focus of this study is to critically evaluate the South African intergovernmental grant system since 1994, noting the changes, successes and challenges that constitute future areas of improvement. The results can be used by other policy analysts, managers and can also constitute the basis for future research.
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23

Makoti, Mogerwa Zacharia. "Intergovernmental disputes between the provincial and local governments in South Africa : impediments to good governance and socio-economic development." Thesis, 2017. http://hdl.handle.net/10386/2552.

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Thesis (LLM. (Development and Management Law)) -- University of Limpopo, 2017
This mini-dissertation looks into the relationship between the different spheres or organs of the state, which is elaborately provided for in Chapter 3 of the Constitution. In particular, this mini-dissertation scrutinizes the propriety of the relationship between provincial and local government, using case law to analyze and examine conflicts within the organs of government. The critical question that is posed is whether the mechanisms provided for in the Constitution and legislation are working appropriately to foster cooperation between the spheres of government or whether they are inadequate to address these challenges. An argument that this mini-dissertation raises is that, in spite of the laws that have been put in place to resolve conflict within the state organs, the mechanisms provided for are inadequate and need to be strengthened if there is going to be proper and better cooperation between the spheres of government. The gap is more glaring in cases involving intervention by provincial governments into the functional terrain of local government. It has been observed that there is lack of willpower from the different role players to ensure the improvement of intergovernmental relations and cooperation as espoused by the Constitution. A comparative analysis was done, hence the mini-dissertation utilises the jurisprudence of the United Kingdom and Canada and draws useful lessons for South Africa. This paper therefore concludes that there is a need for legislative reform that will compel organs of government to avoid costly litigation against one another. It is recommended, also, that there should be effective inter-sphere communication so as to make plain the expectations of one sphere over another.
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24

"Intergovernmental relations and the devolution of taxes : lessons for South Africa." Thesis, 2014. http://hdl.handle.net/10210/11272.

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M.Com. (Taxation)
The transition of South Africa to a democracy signifies large-scale changes in the political and economic spheres. The public sector, one of the main participants in the economy, does not escape this transformation. A more democratic structure entails, inter alia, increased empowerment of sub-national levels of government. This means that various functions must be devolved to provinces along with certain revenue sources in a bid to increase their autonomy and efficiency in service delivery. The fundamental aim of this paper is to analyze the intended future constitutional order of South Africa according to theoretical principles of decentralisation and tax devolution, and to propose a suitable tax framework for the new order. A primary prerequisite for a new tax structure is that the economic return on the revenue absorbed by government should be maximised. The problem is that some taxes are suitable for devolution and some should remain in the control of the national government. Furthermore, existing tax structures have to be considered when devising new tax frameworks.
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25

Mentzel, Clive Patrick. "Development perspectives on policy management and the dynamics of intergovernmental relations in South Africa." Thesis, 2015. http://hdl.handle.net/10210/14356.

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D.Litt et Phil.
The departure point of this research is that the emergence of a system of intergovernmental relations will have direct and profound implications for the development of the country as a whole, as well as providing an additional dimension to the understanding of the approach to development in South Africa. A sound academic understanding of the nature of development in this country will therefore have no choice but to take into account the structures and processes which the major role-player (government) makes use of to facilitate and implement development ...
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26

Mdliva, Mzwandile Eric. "Co-operative governance and intergovernmental relations in South Africa : a case study of the Eastern Cape." Thesis, 2012. http://hdl.handle.net/10413/10735.

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The ending of apartheid and the transformation process in South Africa, the transition to democracy brought with them fundamental changes to the form and function of the State. In particular, they bring a restructuring of co-operative governance and intergovernmental relations. The responsibilities, functions and powers of the three spheres of government (national, provincial and local) were changed and streamlined as stated in the Constitution of the Republic of South Africa Act, 108 of 1996. The system of intergovernmental relations delineated in the Constitution differs significantly from that of the previous dispensation, particularly in its ambitions to advance democracy and to improve service delivery to all South Africans. Of particular significance is the respect in the fact that instead of the inherently conflicting intergovernmental relations that characterises most modern states, the Constitution actively promotes co-operation between different levels of government. The Intergovernmental Relations Framework Act, 13 of 2005 was promulgated on 15 August 2005. The Act provides for an institutional framework for the three spheres of government to facilitate coherent government, effective provision of services, monitoring the implementation of policy and legislation, and realisation of developmental goals of government as a whole. All spheres of government must provide effective, efficient, transparent, accountable and coherent government in order to ensure the progressive realisation of constitutional rights. One of the most pervasive challenges facing the country as a developmental state is the need for government to redress poverty, underdevelopment, marginalisation of people and communities and other legacies of apartheid and discrimination. This challenge can only be addressed through a concerted effort by government in all spheres to work together and integrate as far as possible their actions in the provision of service, alleviation of poverty and development of the communities. Co-operation and integration of actions in government depends on a stable and effective system of intergovernmental relations, one in which each of the spheres respect the relative autonomy of the other whilst appreciating the interrelatedness and interdependence of the three spheres. The study elaborated on the research as well as the research problem. In so doing, it further looked at the historical overview of the transition to a democratic South Africa which brought a significant change in the reconfiguration of the state. The studies further deals with a critique of co-operative governance and intergovernmental relations in the Eastern Cape and discuss the perspective on service delivery. In order to critically evaluate the notion of co-operative governance and intergovernmental relations in South Africa with specific reference to Eastern Cape, the study recommended that intergovernmental planning and budgeting, management of change, support and capacity building, communication and stakeholder engagement and institutional arrangement interventions be embarked upon.
Thesis (MBA)-University of KwaZulu-Natal, Durban, 2012.
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27

Lee, Yongmo. "Fiscal decentralization, institutional arrangements, and economic performance in Korea." 2003. http://catalog.hathitrust.org/api/volumes/oclc/56663687.html.

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28

Madisha, Makota. "The role of intergovernmental relations in the implementation of social housing in Gauteng Province." Thesis, 2021. http://hdl.handle.net/10500/27250.

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South Africa has a social housing delivery problem, where, despite all mechanisms, efforts and resources (including policies, enabling legislation and social housing production inputs such as planning regimes, guidelines and strategies, funding, land, buildings and human resources put in place by the government), the pace of social housing delivery is not at a point where it is measurably satisfactory across all spheres of government. There exists between the three spheres of government an intergovernmental relations framework for implementing social housing policy. The performance of government shows a lack of institutionalized arrangements, coordination, and alignment in the day to-day operations of the three spheres of government in implementing social housing policy. It is for this reason that this study assessed the current intergovernmental relations operational system in the delivery of social housing units in Gauteng Province. A mixed-methods research approach was implemented for this study based in methodological pragmatism, phenomenology, and positivism. The researcher conducted interviews with senior managers and administered research questionnaires with operational staff within the National, Provincial and Local spheres of government which included City of Tshwane, City of Johannesburg and Ekurhuleni Metropolitan municipalities in Human Settlements Departments, state agencies involved in the delivery of social housing units such as the Social Housing Regulatory Authority and municipal entities such as the Housing Company Tshwane, the Johannesburg Social Housing Company and the Ekurhuleni Social Housing Company. Private and non-governmental social housing institutions, such as the Yeast City Housing and Mannapendlo Social Housing Organisation were also included. The data were complemented by documentary content analysis, including review of annual reports, strategic human settlements plans, policies and legislation pertaining to the provision of housing, human settlements, and social housing. This study assessed the functioning of the three spheres of government in relation to the implementation of social housing policy in Gauteng Province. The three spheres of government are regarded as equally important institutions for the development of sustainable human settlements, and a sound relation between the three spheres of government must be maintained in order to achieve successful development and management of social housing. The research found evidence of poor coordination and alignment, and no integration of social housing related activities and functions between the three spheres of government. There are major risks, such as financial risk, financial planning, and project implementation risks experienced at local government level. The study identified challenges faced by the three spheres of government and state agencies in the implementation of social housing policy in Gauteng Province. The challenges included slow release of land for social housing development, uncoordinated and unplanned social housing delivery in the province. In addition, the study identified other input factors that impact negatively on the supply of social housing units which cut across all spheres of government such as political mandates, legislation, policies, strategies, plans, targets, priorities, information technology and administrative and financial constraints. The study presented and recommended social housing delivery model for Gauteng Province. The proposed model has the probability of providing an understanding of the relations between government departments, state agencies, social housing institutions, intergovernmental relations structures at national, provincial and local government level, non-governmental organizations, and community based organizations, so as to ensure there is vertical and horizontal alignment to improve and fast track the delivery of social housing in Gauteng Province.
Public Administration and Management
D. Phil (Public Administration)
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29

Pietersen, Johnny Masego. "Intergovernmental relations : delivery of potable water to poor communities in Diepsloot of Gauteng Province." Thesis, 2017. http://hdl.handle.net/10500/23109.

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In 1994, South Africa adopted intergovernmental relations (IGR) to facilitate service delivery. Sections 40-41 of the Constitution of the Republic of South Africa, 1996, link service delivery with normative aspects of IGR, which include cooperation, transparency, accountability, mutual support, and coherence. A coherent implementation of IGR was subsequently emphasised by the Intergovernmental Relations Framework Act 13 of 2005. However, South Africa continues to experience service delivery challenges, especially in marginalised and poor communities in the current and former informal settlements. The selected Diepsloot was established as an informal settlement in 1995 and has been under an in situ upgrade programme. The study’s focus was on the provision of potable water in the City of Johannesburg with specific reference to Diepsloot. A case study approach was used to assess lived experiences among the actors within the intergovernmental context of cooperative government. A qualitative methodology was utilised to source data about intergovernmental interactions among actors from the public institutions by means of semi-structured interviews and documentary analysis. Lastly, a focus group was utilised for members of the ward committees in Diepsloot. The study concluded that IGR system is not used adequately to support Diepsloot to access potable water in accordance with an established standard. In essence, the IGR system lacks an integrated approach to reverse a legacy of informality. To facilitate an IGR improvement, the study’s recommendations were three-fold: (i) provision of integrated support to the City of Johannesburg for Diepsloot despite erroneous assumption that metropolitan municipalities are self-sufficient, (ii) standardisation of potable water provision in Diepsloot by means of integrating IGR institutional responses, and (iii) institutionalisation of IGR engagements with other cities. To this end, the study proposed a model of integrated intergovernmental support to improve potable water provision and, by extension, other related services in Diepsloot.
Public Administration
D.P.L. (Public Administration)
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30

Muluneh, Yitages Alamaw. "Supervisory Power of the Centre to Regions in South Africa and Ethiopia: A Comparative Analysis’ is my own work." Thesis, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_6068_1280445857.

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This study is an attempt to come up with a comprehensive study of the supervision aspect of intergovernmental relations as enshrined under the FDRE Constitution and the SA Constitution. It also helps to expose some of the problems supervisory relationship of different orders of government in Ethiopia and South Africa face. It is significant as it deals with the intergovernmental relations gap in the FDRE Constitution and draws attention to a very important aspect of a multi-order government&rsquo
s feature. It helps Ethiopia to learn from the experience of other countries. It suggests adjustments needed, in particular having regard to the relatively well developed national supervision system enshrined in the SA Constitution. Finally, the work adds upon studies relating to supervision by the centre of regions in African states.

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31

Senoamadi, Johannes Malose. "Intergovernmental relations : sustainable human settlements in the City of Tshwane Metropolitan Municipality in Gauteng Province." Diss., 2014. http://hdl.handle.net/10500/18653.

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This research is an examination of the practical application of intergovernmental relations (IGR) and co-operative government at the City of Tshwane Metropolitan Municipality (CTMM)’s Department of Housing and Human Settlements. By use of questionnaire and direct interviews, the research extracted responses from methodically selected employees and officials at the Department of Housing and Human Settlements in the CTMM. Literature study was combined with document analysis and a part of participant observation to gather data and information that has been examined and analysed in the study that has established the need for training and skilling for officials and employees in financial and project management. The need for the rolling back of political interference, regular review of legislation to keep abreast with the changing environment and international standards and improved institutional communication are but some of the observations and arguments that the research has established from a careful reading of data gathered. The enabling policies, laws and regulations that are in place remain largely good on paper, but still limited in their practical application. It is argued in this research that housing and human settlements are a provision that is central in the democratic and development life of the Republic of South Africa, and that the provision of sustainable human settlements enriches the livelihoods of communities in so far as other services such as education, recreation, health care, electricity, economic opportunities, safety, transport and communication are also dependent on the availability of sustainable human settlements and the amenities that comes with it. It is the recommendation of the present research that if the policies, regulations, laws and goals that govern the IGR towards the delivery of sustainable human settlements are to achieve maximum fruition, there is a need for vigorous monitoring and evaluation mechanisms that will ensure that budgets are efficiently used, that standing decisions are implemented and that partisan politics and corruption and opportunistic tendencies are eliminated as these hinder performance and delivery.
Public Administration
MPA
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32

Tshambe, Ngoy Ntanda N'shii. "The challenge of cooperative government and its implications for the financial and fiscal management systems in South Africa." Thesis, 2009. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7013_1370947461.

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Can a country function without a legislative framework able to inform decisionmaking processes taken at different spheres of government? To what extent would actions conducted at various 
spheres of government be efficiently coordinated and informed by appropriate channels of constitutional provisions and legislative amendments to consolidate financial and intergovernmental 
fiscal relations policy-making tools for the realization of an efficient local developmental state? Answers to the above mentioned two questions refer to normative fiscal policy principles and 
prescriptive instruments of intergovernmental fiscal transfer design, whose orientation suggests better ways of framing sound and coherent programs and interventions that strengthen 
cooperative synergy and transfer knowledge of experience gained in empirical investigations and various South African environments of higher academic learning. Growing evidence 
acknowledges South Africa as one of the young democratic countries that has been going through a period of transition over the past three years as it changes its system of public finance from 
a structure suited to the old apartheid system to one consistent with the new South African Constitutional dispensation. While the former system was highly centralized, the newconstitution makes a clear commitment to municipal governments as important providers of government services, with greater tax and spending powers. Even as local autonomy has been substantially increased, 
there remains uncertainty as to the most appropriate design of a system of intergovernmental fiscal grants to metropolitan areas and townships. This study analyses this situation and further 
develops a generic design for intergovernmental transfers and its suitability to the realities of South African municipalities on the ground within the framework of Cooperative Government. This 
study concludes that fiscal 
management, as a cross-cutting discipline, is a 
powerful instrument for government&rsquo
s revenue sources at the national, provincial and local government levels. 
Financial management should be regarded as a co-coordinating mechanism managing government&rsquo
s expenditure and catalyzing sound financial relationship for an efficient management in the 
country, thus allowing government to budget effectively for the delivery of goods and services in order to attain the constitutional mandate of a developmental state.

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33

Ubisi, Salphinah Vuloyimuni. "Provision of adequate housing through cooperative government and intergorvernmental relations : the case of Bushbuckridge Local Municipality (BLM)." Thesis, 2017. http://hdl.handle.net/10500/23616.

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South Africa adopted the democratic decentralisation governance model in 1994 with the aim of improving, inter alia, service delivery. The adoption of this model resulted in the establishment of three spheres of government, namely, national, provincial and local. These three government spheres are distinctive, interdependent, interrelated and autonomous. Power and responsibilities are devolved from the national to the provincial and then to the local government spheres. Cooperative government and intergovernmental relations structures in the three spheres of government were established in order to improve service delivery and to assist in the execution of the devolved powers. However, the results of this study revealed that the structures which had been established were not effective in addressing the housing challenges facing the Bushbuckridge Local Municipality (BLM). The results also revealed that each government sphere executed its housing mandatory responsibilities only when a housing project was launched or implemented in the BLM. During housing project implementation, the BLM was responsible for evaluation, the Mpumalanga Provincial Department of Human Settlements (MPDHS) was responsible for contracting a housing service provider and for payments while the National Department of Human Settlements (NDHS) was responsible for quality of the houses and compliance to national housing standards. In addition, the BLM had an inspection unit and the NDHS was supposed to work closely with the National Home Builders Registration Council (NHBRC). However, the houses provided had defects ranging from cracked walls and floors, leaking roofs, leaking pipes to fading paint. The main role of the NHBRC is to check the quality or adequacy of public houses before they are allocated to the targeted beneficiaries.
Public Administration
D. Admin. (Public Administration)
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34

Sindane, Jabulani Isaac. "An analysis of the federal characteristics of the (1996) South African constitution." Diss., 1999. http://hdl.handle.net/10500/16038.

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The interim Constitution and the 1996 South African Constitution are products of a compromise between various political parties, mainly those that advocated for a unitary system, for example the African National Congress (ANC) and the Pan Africanist Congress (PAC) were the leading proponents , anti the parties that advocated for a federal constitution, the significant ones being the Inkatha Freedom Party (lFP), the National Party (NP) and the Democratic Party (DP). The interim Constitution and the 1996 South African Constitution contain both unitary and substantial federal characteristics. The study deals with the origins of the federal idea and how the concept federalism is understood and applied internationally, and draws out some key characteristics that are common in federal constitutions so as to measure the interim Constitution and the 1996 South African Constitution against such common characteristics. The conclusion deals with recommendations of how the substantial federal characteristics could be effectively managed through intergovernmental relations
Political Science
M.A. (African Politics)
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35

Modjadji, Godfrey Henry. "Provision of water and sanitation services in Ga-Kgapane Township, Limpopo." Thesis, 2019. http://hdl.handle.net/10386/3122.

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Thesis (MPA.) -- University of Limpopo, 2019
This study is about an investigation into the provisioning of water and sanitation services in Ga-Kgapane Township in the Limpopo Province. Since the year 2002, the residents of Ga-Kgapane Township live without sufficient water supply services. Residents receive tap water once a week and they depend on supply from water tankers for the rest of the week. This township has a water borne sewage system and most of the households have indoor toilets. The study used a mixed method because it had incorporated both elements of qualitative and quantitative methodologies in its approaches. The research instruments such as semi-structured interviews, questionnaires, documentary data extraction and observations were used to collect information. The study’s sample size comprised of 77 key participants and informants from Mopani District Municipality (Water Services Authority); Lepelle-Northern Water Board (implementing agency and bulk water supplier); Greater Letaba Municipality (Water Service Provider); Ward Councillors and community members (endusers). The research findings revealed that Ga-Kgapane Township’s water and sanitation provision challenges are due to insufficient or lack of water, poor water management and poor governance. It was also discovered that the MDM and GLM have failed to translate the rights to water and sanitation into law, policy, budget and service provision for the Ga-Kgapane Township residents. The insufficient water supply challenge resulted in some community members migrating to other areas where there is better basic service provision. The residents failed to exploit the economic development opportunities which resulted in health risks as they were exposed to danger due to burst sewer pipes which spewed raw sewerage water on the streets. The sewage contaminated the township’s natural streams. This study’s findings could form a basis for future research on the effectiveness of the MDM’s Water Services Provision Agreement which was signed with the district’s local municipalities. The Mopani District Municipality has for many years v received undesired audit opinions ranging from ‘Adverse to Disclaimer’ notices. This affects the local municipalities too as they are all qualified-on water transactions. As part of the recommendations, the study proposed that the Greater Letaba Municipality should utilise the Intergovernmental Relations Forum to address the plight of the provision of water and sanitation services in Ga-Kgapane Township.
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36

Robson, Ian Happer. "The assignment of responsibilities for the performance of public functions to levels or spheres of government in South Africa." Thesis, 2006. http://hdl.handle.net/10500/2356.

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The thesis is focused on the question of how responsibilities for the performance of public functions are assigned to levels or spheres of government. The term "public function" refers to the activities performed by governments in order to satisfy identified community needs. There is a paucity of validated knowledge concerning the particular phenomenon, and the purpose of the study is to make a research based contribution in this connection. Because of the exploratory nature of the study particular attention is paid to the orientation of the research in Public Administration terms, as well as to research design. A study of the assignment of responsibilities in a selection of foreign countries was undertaken, and the findings are recorded and evaluated. The conclusion reached is that in none of the countries studied a clear, comprehensive demarcation of governmental responsibilities has been achieved. Regarding South Africa, the thesis encompasses a historical overview, followed by separate analytical examinations of the arrangements set in place by the 1993 ("interim") and the 1996 ("final") Constitutions. In the pre-democratic era (1910 to 1994), ideological considerations patently played a prominent role. The treatment of the assignment question by the 1993 Constitution is found to have had substantial shortcomings, especially with regard to conceptual and technical aspects, the realisation of assignment principles, and the substance of assigned responsibilities. In the author's opinion a satisfactory deployment of responsibilities was not achieved. The 1996 Constitution improved the assignment scheme, notably through the better realisation of assignment principles, the introduction of exclusive powers for the provinces, and in dealing with the municipal domain. However, the 1996 Constitution also did not achieve a credible and clear-cut assignment of responsibilities. In assessing the degree to which a scientific approach to the assignment question is in evidence, the finding is that such an approach has not been established. A theoretical assignment model, following a Public Administration approach, is then presented. The model covers language, classification, assignment principles, and methodology. The thesis concludes with a reflection on the research, as well as on the practicalities of achieving improvement in the assignment of responsibilities.
Public Administration
D. Litt. et Phil. (Public Administration)
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37

Abraham, Zarina. "Investigation into the causes and reasons for service delivery protests in the city of Johannesburg from 2009 until 2014." Diss., 2017. http://hdl.handle.net/10500/26741.

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The advent of a political democracy in South Africa in 1994 generated hope for a better life for all South Africans especially those marginalised during the apartheid era. The newly formed democratic government was confronted with the mammoth task of expounding and decreeing policies and processes that would warrant equality and equity in the provision of basic services to its citizens. Local government being the third sphere of government and which is closest to the people was entrusted with the responsibility of rendering basic services to its people as well as to address the backlogs that have accumulated during the apartheid era as depicted in the 1996 Constitution. Despite the efforts made by government to meet the requirements of the people in providing them with adequate basic services such as clean water, electricity, roads housing and refuse removal, these services were either not provided at all or it was done at a snail‟s pace. This led to widespread service delivery protests. In light of the above, this empirical study investigates the causes of the service delivery protests in City of Johannesburg (CoJ) from 2009 until 2014. Numerous studies have been pursued to examine the reasons and causes for service delivery protests and the conclusions derived is the slow pace of providing electricity, water and sanitation to the local communities. It therefore can be deduced that no democracy can subsist and prosper if citizens are still living in deprivation and in a state of discrimination and unemployment without them having visions for a better life. The manifestation of service delivery protests is thus a risk to South Africa‟s young democracy and its sustainability, which cannot be ignored. The findings of this study clearly revealed that communities in the CoJ are discontented and disgruntled because of, amongst other things, the lack of delivery of basic services, the deployment of cadres to municipal management positions, the abuse of the tendering system, nepotism and favouritism, which have negatively affected service delivery.
Public Administration and Management
M. Admin. (Public Administration)
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38

Singh, Anirood. "Municipal representation as a mechanism to enhance local government efficiency: the role of associations for local authorities." Thesis, 2016. http://hdl.handle.net/10500/22990.

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Conceptually, South Africa is “one sovereign democratic state”, with a three-sphere governmental system operating co-operatively. Each sphere of government has “original” or constitutionally-allocated powers and functions, as well as legislative and executive powers. Thus, the governmental system is a hybrid or one sui generis, not benefiting from appropriate precedents. The status and autonomy given local government makes it somewhat unique in the world. Application of the principle of subsidiarity, and the mandate for local government to be developmental has resulted in the roles and responsibilities of municipalities being substantially increased, notwithstanding that most suffer from a lack of resources and capacity. Local authorities moved from the establishment of the first one in 1682 as providers of basic municipal services on the basis of race and affordability to democratically-elected ‘wall-to-wall’ municipalities in 2000. With 257 municipalities serving a population of 55.6 million, South African local authorities are comparatively large, spatially and demographically. Given the constitutional-statutory framework and the resultant complex operating environment, it is imperative that all municipalities are able to represent their interests in an intelligent, forceful, and unified manner on decision-making institutions to ensure a close fit between policies/programmes and peoples’ needs. Hence, effective municipal representation by knowledgeable, ethical and committed persons is imperative. The study provides a history of representation and local authority ‘development’ and underdevelopment in South Africa; a theoretical basis for representation; a review of formalism and government’s approach to development; co-operative governance and intergovernmental relations as a mechanism to facilitate municipal representation; an analysis local government powers, functions, status, autonomy, objects, rights and duties of municipalities; local participatory and representative democracy; and the establishment of municipalities. The constitutional and statutory provisions provide the foundation and framework to facilitate municipal representation. The study continues by analysing other mechanisms that enable municipal representation; a comparative review of local government and co-operative governance in certain select countries. It goes on to review the formal framework for organised local government in South Africa, including an overview of the South African Local Government Association (SALGA). Finally, findings and recommendations are made toward a model for municipal representation in South Africa.
Public, Constitutional and International Law
LL. D.
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