Tap to show outline Read the case study and answer ALL questions below: Time to rise above petty party politics Following months of frustration and obfuscation from numerous ministers and state law enforcement agencies, it would appear that a multi-party Parliament stands as the City of Johannesburg's second-last resort in assisting to resolve issues which threaten to bring chaos to South Africa's economic hub. The last resort will be the courts - but I hope that is a terrain we will not have to traverse any time soon. This is largely because the issues which I have now elevated to Parliament have become issues of national importance as a result of recent events. In any case, our laws make provisions for disputes between different spheres of government to be settled amicably. The courts, as we've come to know, are wary to entertain disputes between different spheres of government - unless dispute resolution mechanisms contained in law have proven ineffectual. In the case of my decision to write to Parliament's Portfolio Committees for Home Affairs as well as Justice and Correctional Services, after numerous failed attempts to engage five home affairs ministers and various leaders of South Africa's national criminal justice system, it would appear that these dispute resolution mechanisms are in fact ineffectual. But this shouldn't be the case. Our Constitution through the Intergovernmental Relations Framework Act - instructs the three spheres of government to work together, where necessa the betterment of the lives of our people. Throu act, the authors of our Constitution must have hau vision of a South African state that is supportive of a TIL = Tap to show outline the betterment of the lives of our people. Through this act, the authors of our Constitution must have had a vision of a South African state that is supportive of interaction and co-operation among the three spheres of government on a continuous basis. This is seen in the provision of a set of principles to direct the manner and quality of those interactions. Therefore, co-operative governance and intergovernmental relations both recognise the interdependence of the three spheres of government in South Africa, placing heavy responsibility upon each to respect the other's powers and functions. Unfortunately, politicians take advantage of this constitutional provision by claiming barriers between local, provincial and national government spheres even where none exist. The result is that these spheres of government often operate in silos. These politicians never forget to tell each other to back off or resort to acting without any sense of urgency when the other makes fairly reasonable demands about important matters, such as repeated pleas by the City of Johannesburg, to the NPA, to prosecute winnable criminal matters brought to their attention by us. What these politicians and senior bureaucrats need to understand is that the distinctiveness of the various spheres of government in South Africa refers to the legislative and executive autonomy of each sphere. The framework I am relying on to advance my argument was clearly intended to foster frequent collaboration between local, provincial and national spheres of govern not give powerful politicians and bureaucrats lic regard each sphere as their own fiefdom. The law in fact Tap to show outline clearly intended to foster frequent collaboration between local, provincial and national spheres of government - not give powerful politicians and bureaucrats license to regard each sphere as their own fiefdom. The law in fact requires these spheres of government to empower each other. This has the effect of ensuring that any stumbling blocks encountered are easily dealt with, allowing the work of government to continue to the betterment of the lives of all South Africans. So when I refer to the interrelatedness of the three spheres of government, I am actually referring to the responsibility placed on us to co-operate with one another and to avoid political gamesmanship. More often than not, the spirit of collaboration, as espoused in the Constitution via the Intergovernmental Relations Framework Act, has not always been acted upon, causing the City of Johannesburg to take extraordinary measures to get things moving on issues of common interest. It is without doubt that the challenge of illegal immigration in Johannesburg has reached crisis levels and my calls for intervention from the department and the ministers of home affairs have fallen on deaf ears. The issue of migration is one that cannot be dealt with at municipal level comprehensively, instead it requires the willing participation of the national government, which participation has not been forthcoming. It is abundantly clear that I made every attempt to engage with all five previous ministers. I did so in the spirit of cooperativa governance as espoused in the constitution, an spirit requires that the different spheres of gove work together in good faith for the betterment of the Tap to show outline previous ministers. I did so in the spirit of cooperative governance as espoused in the constitution, and said spirit requires that the different spheres of government work together in good faith for the betterment of the people of South Africa. Cooperative government is a partnership among the three spheres of Government requiring each Government to fulfil a specific role. The institutional framework for Government in South Africa was established in 1996 when the country adopted it first democratic Constitution. These values, as advocated in the Constitution, appear not to be ones that the ministers share. While it may not be desirable to involve the courts in matters that should, by law, be resolved politically and in an amicable fashion, the City of Johannesburg reserves its rights and will not hesitate to seek recourse in court especially if it that action results in the vast improvement of the conditions of our residents. Litigation by the City against another sphere of government is especially undesirable given that there will have to be collaboration at some point in the near future on other matters of common interest. However, undesirability of court action must be weighed against repeated inaction by national government departments and agencies who do not seem to appreciate the seriousness of the matters that the City of Johannesburg has brought to their attention. In this regard, if Parliament fails to deal decisively and satisfactorily with our requests, we will have no choice but to approach the courts. For Government to in reaching the objectives as set out in the Nati Development Plan court actions, and disputes and court JI... MAMALI Tap to show outline future on other matters of common interest. However, undesirability of court action must be weighed against repeated inaction by national government departments and agencies who do not seem to appreciate the seriousness of the matters that the City of Johannesburg has brought to their attention. In this regard, if Parliament fails to deal decisively and satisfactorily with our requests, we will have no choice but to approach the courts. For Government to succeed in reaching the objectives as set out in the National Development Plan court actions, and disputes and court actions as indicated by Mr Mashaba cannot be tolerated. The relationship between the different levels of Government, should live up to their definitions namely being a set of multiple formal and informal processes, structures and institutional arrangements for bilateral and multilateral interaction within and among spheres/levels of Government, Cooperative government represents the basic values of the Government as well as the implementation of these values through the establishment of structures and institutions. Adapted from: (https://www.news24.comews24/Columnists/Herman Mashaba/herman-mashaba-time-to-rise-above- pettyparty-politics-20190814). Question 1 v (15 Marks) In the narrative it is alluded that more often than not, the spirit of collaboration, as espoused in the Constitution via the Intergovernmental Relations Framework Act, has not always been acted upon, causing the City of Johannesburg to take extraordinary measures to get things moving on issues of common interest. The result is that the three spheres of government often operate in silos. To avoid challenges as the ones experienced in the case study the different spheres of Government should be guided by a legislative framework. In this regard, critically analyse the framework, governing intergovernmental relations in South Africa. Question 2 (15 Marks) In the narrative, the Mayor also concludes that, he has made unsuccessful attempts to engage with all five previous ministers to assist the City of Johannesburg with their challenges. This was done in the spirit of cooperative governance as espoused in the constitution. These challenges are not limited to the example in the case study. A number of similar challenges and pressure points in terms of planning, powers and functions were experienced, which led to the Intergovernmental Relations Progress Report compiled by the Department of Cooperative Governance and Traditional Affairs (COGTA), (2017). Critically elaborate on the pressure points as identified in this report