Sustaining Section 139(1) interventions in local government : the case of selected municipalities in North West Province

Abstract

Section 139 of the Constitution of the Republic of South Africa, 1996 (the Constitution) allows provincial government intervention when municipalities fail to implement their executive obligations. This Section of the Constitution has become more popular in the local government environment in recent years. Its invocation and implementation are not initiated without controversy and suspicion on the part of provincial government led by the ruling political party, the African National Congress (ANC). Provincial governments have been perceived as endeavouring to usurp power from municipalities through the implementation of Section 139. In addition, factionalism within the ruling party is also viewed as a contributory factor to the invocation of Section 139 interventions. It is against this backdrop that the implementation of the above causes tension between different role players, particularly provincial government and the affected municipalities. This became evident in the present study through the litigation between provincial governments and the specific municipalities. In the main, the affected municipalities have always challenged justification for the implementation of Section 139 intervention through the courts. The study shows that the majority of these court judgments have been in favour of the municipalities. The litigation has arisen primarily because of the absence of regulations regulating the implementation of Section 139 interventions. It is therefore important that the current Intergovernmental Monitoring Support and Interventions Bill, which was gazetted in February 2021 and intended to regulate the implementation of Sections 139 and 100, be finalised as soon as possible to provide clarity. This study was conducted within the discipline of Political Science and Public Administration, and the sub discipline Governance. The chapters are dedicated to meta-theoretical and theoretical aspects to justify the study. Furthermore, the critical aspects of the constitutional and legal framework that regulates local government were explored to determine whether Section 139 was applied within the law. The overarching aim of the study was to analyse the current state of local government through case studies of selected municipalities in the North West Province, namely Ngaka Modiri Molema District Municipality, Madibeng Local Municipality and the City of Matlosana Local Municipality. This was done with specific focus on how Section 139(1) was applied in these municipalities.

Attention was given to the failures or successes of Section 139(1) intervention and specific recommendations are provided. The study demonstrates that the invocation and implementation of Section 139 intervention by provincial government in the North West Province were never successful and, instead, in some instances have worsened the situation.