Judicial Enforcement of Mandatory Provincial Interventions in Municipalities in South Africa

Abstract

This article evaluates the judicial enforcement of provincial interventions in municipalities as a viable response to the collapse of local government in South Africa. We argue that when relations between municipalities and their communities have deteriorated to a level of deep mistrust and collapse, and when there is dismal service delivery, there is a case for the courts to order unresponsive provincial authorities to intervene in municipalities as provided for in law. Such interventions are necessary in the name of intergovernmental support and co-responsibility. They protect the rights of communities. However, reality shows that judicially ordered interventions are simplistic solutions that do not do justice to the legal and political complexities around such interventions. Party politics and the need for sustained good local governance often clash when the judiciary orders provincial executives to intervene in failing municipalities. Consideration of the aftermath of judicially ordered interventions in selected cases in this article confirms that whereas litigation may enforce the law around provincial interventions and municipal duties, it is a short-term fix that does not bring sustainable solutions to the collapse of local government. Instead, it often exacerbates the situation.