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Intergovernmental relations and cooperative governance in South Africa
South Africa has three levels of governance: the national, provincial, and local governments. All three levels of government – as well as a variety of role players and stakeholders – must collaborate to achieve and maintain good governance and deliver public services. Additionally, there are established organs of state like the legislature (parliament), judiciary (judges), and executive branch (including the president and cabinet members with their departments).
In terms of South African law, the Constitution is the highest law of the land. It outlines how government functions and what duties are required of the South African government. Of importance, Sections 40 and 41 of the Constitution describe how the various branches of government should cooperate, integrate, collaborate, and coordinate in performing their duties. Section 41 states that spheres of government and all organs of state
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WEF AND INTERGOVERNMENTAL RELATIONS | THEME
The globally recognised Water-Energy-Food (WEF) nexus approach champions combined action, accommodation, agreements, and understanding of competing water-energy- food resource uses and issues. The WEF nexus connects government and communities in different sectors to enhance resource use and sustainable development. In South Africa, this integrated approach offers an opportunity for many government departments to communicate, cooperate, coordinate, and work together for improved WEF governance.
The challenges of the Water-Energy-Food (WEF) nexus
in South Africa
must preserve the peace, national unity, and indivisibility of the Republic, secure the people’s well-being, provide effective, transparent, accountable, and coherent government, uphold the Constitution, respect other spheres, and cooperate in mutual trust and good faith.
The Intergovernmental Relations Framework Act (13 of 2005) was created to create a framework for fostering and facilitating intergovernmental relations between the national, provincial, and local governments. In order to facilitate the resolution of intergovernmental conflicts and to address issues with concurrent functions, it offers methods and procedures. However, the government is still updating policy to explain these intimate
relationships and interactions between organs of state.
The interactions still depend on different laws or policies that might affect their concurrent functions.
The South African legal system is essential for the recognition and integration of the WEF nexus approach
18 Quest Vol. 19 No. 2 | 2023 QUESTONLINE.ORG.ZA
THEME | WEF AND INTERGOVERNMENTAL RELATIONS
and how different institutions will coordinate, integrate, and cooperate. The WEF nexus approach in South Africa will involve several interactions between different government institutions, like the National Planning Secretariat, and the National Youth Development Agency.
Another is the Presidential Climate Change Coordinating Commission which is made up of individuals from industry, the community, and environmental non- governmental organisations (NGOs).
Environmental governance
The Department of Forestry, Fisheries, and Environment (DFFE) oversees environmental matters, and all branches of government have a responsibility to protect the environment. Section 24 of the South African Constitution grants local governments authority on environmental matters, and local governments must specify their developmental requirements in their Integrated Development Plans.
The conservation of the natural environment and resources is an important part of the Water-Energy-Food nexus approach.
The National Environmental Management Act (NEMA, Act 107 of 1998) is the environmental framework in South Africa. NEMA underlines the need for an integrated strategy for environmental protection. NEMA focuses on developing institutions that would support cooperative
governance, methods for coordinating environmental functions performed by state agencies, and principles for decision-making related to the environment. The DFFE can collaborate with other departments to manage and safeguard the environment thanks to these strategies.
Energy governance
The National Department of Mineral Resources and Energy (DMRE) is responsible for energy legislation and policy, while the DFFE handles climate change and environmental issues, allowing these departments to sit with one another in matters of concurrent competence such as climate change mitigation and adaptation.
The provision of electricity forms part of energy governance.
Photo: EPA-EFE/Kim Ludbrook.
The Department of Agriculture, Land Reform, and Rural Development (DALRRD) is active in discussions on using biomass to produce electricity. South Africa receives most of its electricity from Eskom, the public electricity utility.
Municipalities oversee energy-related matters on a local level, such as the reticulation of electricity. In this regard, if the Department of Housing and other provincial agencies are involved in a housing project, discussions with Eskom, the primary electricity supplier, or the municipality will need to take place.
Water governance
The Department of Water and Sanitation (DWS) has a nationwide mandate for water resources. The department is responsible for the formulation and implementation of laws and policies governing water and sanitation.
The department promotes effective and efficient water resource management in addition to working to guarantee that communities have access to clean water and
respectable sanitation to ensure long-term socioeconomic development. Water is a national mandate, and this department has offices in all the provinces.
Water resources must be used equitably and sustainably, and the national government oversees their protection.
NEMA, which serves as a foundation for environmental protection, encourages collaborative environmental governance among South Africa’s various spheres of government; thus, the DWS works cooperatively with the DFFE on matters of dual competency.
Figure 1: The Water-Energy-Food nexus (adapted from Mohtar
& Daher, 2012 by IRENA 2015)
Irrigation Fertilisers Harvesting Tilage Processing
Storage Pumping
Water/Wastewater treatment Drainage Desalinatin Water distribution
Irrigation Processing
Water Quality Energy generation
Cooling Extraction Transport Bioenergy production
Bioenergy production
WATER
ENERGY FOOD
QUESTONLINE.ORG.ZA Quest Vol. 19 No. 2 | 2023 19 Water access is crucial for rural subsistence farming, and
food security.
The achievement of the right to access sufficient water under Section 27 of the Constitution requires government cooperation. Thus, for the successful fulfillment of this right in the national, provincial, and municipal domains of government, a constitutional cooperative framework has been created. In this same vein, municipalities are obligated to provide water and sanitary facilities, but they can either do it themselves, engage a service provider, or buy water from water user associations.
The National Water Act (36 of 1998) and the Water Services Act (108 of 1997) are two pieces of legislation that govern sustainable use of water and the protection of water resources. The National Water Act specifies the roles of the various government departments’
intersectionality and controls water use sustainably and fairly. The Water Services Act addresses both water supply and water resource protection.
Food governance
The DALRRD is responsible for the production of food, while the National Department of Health (NDoH) and
municipal governments supervise health-related issues.
Municipalities have the authority to regulate businesses that offer food to the public. Food goods must be transported safely and hygienically.
Crop irrigation on commercial farms forms part of water governance, also ensuring food security.
Therefore, to achieve effective governance of water, energy, and food, will require the various mentioned government departments to better cooperate and interact together in South Africa.
The national government must establish a responsive system that enables local communities to participate in these discussions about WEF. In addition, the government should strengthen intergovernmental relations and cooperative governance structures to create a field conducive to the effective implementation of the WEF nexus approach in our laws and policies.
Article written by Dr Alois Aldridge Mugadza, a research fellow at the Groningen Centre for Energy Law and Sustainability, Faculty of Law, University of Groningen, the Netherlands. This work is based on the research supported wholly by the National Research Foundation (NRF) of South Africa and the Dutch Research Council (de Nederlandse Organisatie voor Wetenschappelijk Onderzoek - NWO).
Any opinion, finding, conclusion or recommendation expressed in this material is that of the author(s) and the NRF and NWO do not accept any liability in this regard.
WEF AND INTERGOVERNMENTAL RELATIONS | THEME
WEF itanganyisa muvhuso na vhadzulapo fhethu ho fhambanaho uri vhashumise zwishumiswa nga ndila yo fanelaho. Fhano South Afrika ku kwamele hoku k ofara zwikhala kha mivhuso minzhi uri huvhe na nyambedzano, u shumisana, uri zwithu zwinzi zwo fhambanaho zwishume sa tshithu tshithihi uri huvhe na u bvelela kha WEF.
Translated into Venda by Zwannda Charles Ramukumba.
Academy of Science of South Africa (ASSAf)
ASSAf Research Repository http://research.assaf.org.za/
A. Academy of Science of South Africa (ASSAf) Publications D. Quest: Science for South Africa
