An intervention framework to sustain implementation of Section 100 within the North West Provincial Department of Health

Abstract

There is adequate evidence in South Africa indicating that there is an increase in public government departments being placed under administration, according to Sections 139 and 100 of the Constitution of the Republic of South Africa, 1996. Several studies have conducted research regarding challenges facing both the local and provincial spheres of government, leading to Section 139 or 100 interventions. Despite these studies, research indicates that there is a significant gap in how such interventions could be sustained. To address the identified gap, the study undertook to investigate and provide an intervention framework to sustain implementation of Section 100 within the North West Provincial Department of Health. To address the research gap, the study made use of an in-depth literature review, and a mixed-method research approach, which comprised of both qualitative and quantitative research approaches, but which was predominantly qualitative in nature. This is because the quantitative research approach was used for a particular operational phase, specifically the use of questionnaires. The mixed-methods research approach was used to gather perspectives from top and senior managers from particular units within the Department, regarding the challenges that the Department was facing before the invocation of Section 100, as well as the procedures that were followed during the invocation of Section 100. Here semi-structured interviews were utilised. A thematic data analysis was used. The findings of the study indicate that implementation of Section 100 within the North West Provincial Department of Health has led to mixed results. This is because certain indicators and challenges that led to the invocation of Section 100 were addressed, but some were not. This includes insufficient budgeting, digitalising records, infrastructure maintenance and disciplinary cases. To ensure that the progress made to solve the challenges that initially led to invocation of Section 100 within the Department is sustained, the study proposes an intervention framework to sustain implementation of Section 100 within the North West Provincial Department of Health. The intervention framework argues that establishment of intergovernmental cooperation, adherence to legislative and regulatory prescripts, including effective governance mechanisms, are significant to sustain implementation of Section 100 within the North West Provincial Department of Health. The successful implementation of the intervention framework requires not only national government oversight, but also entails active and direct participation from the provincial sphere of government, and cooperation from the local sphere of government. This consequently would embody integration into practice, rather than hierarchy or ranking. An important policy recommendation hailing from the study is that a review of the Intergovernmental Relations Framework Act 13 of 2005, particularly Section 39, should be undertaken. This would assist in preventing misunderstandings and disagreements, including disputes when Section 100 is invoked and sustained within provincial departments. Establishing an intergovernmental relations forum for Section 100 invocation would assist in mitigating disputes amongst the spheres of government regarding this challenge.