We, the people of South Africa,
RECOGNISING THAT—
| • | the Constitution provides that the Republic is one, sovereign, democratic state and that the government is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated; |
| • | administration in every sphere of government is governed by the values and principles governing public administration in section 195(1) of the Constitution; |
| • | the Constitution requires all spheres of government to provide effective, efficient, transparent, accountable and coherent government for the Republic to secure the well-being of the people and the progressive realisation of their constitutional rights; |
| • | one of the most pervasive challenges facing our country is the need for government to redress poverty, marginalisation of people and communities and other legacies of apartheid and discrimination; |
| • | this challenge is best addressed by providing for administrations in the three spheres of government to be organised and to function in ways that ensure efficient, quality, collaborative and accountable service delivery to alleviate poverty and promote social and economic development for the people of the Republic; |
| • | section 195(5) and (6) of the Constitution permits legislation regulating public administration to differentiate between different sectors, administrations and institutions by taking into account their nature and functions; |
| • | section 197(1) and (2) of the Constitution provides for a public service within the public administration, which must function and be structured, in terms of national legislation, and the terms and conditions of employment of which must be regulated by national legislation; |
THEREFORE, THIS ACT SEEKS TO GIVE EFFECT TO—
| • | section 195(3) of the Constitution which requires national legislation to ensure the promotion of those values and principles; |
AND BEARING IN MIND THAT—
| • | section 197(4) of the Constitution provides that provincial governments are responsible for the recruitment, appointment, promotion, transfer and dismissal of members of the public service in their administrations within a framework of uniform norms and standards applying to the public service; |
| • | sections 151(3) and 153 of the Constitution provide that a municipality has the right to govern, on its own initiative, the local government affairs of its community and to structure and manage its administration, subject to national and provincial legislation, as provided for in the Constitution; |
| • | section 154(1) of the Constitution stipulates that the national government and provincial governments must, by legislative and other measures, support and strengthen the capacity of municipalities to manage their own affairs, to exercise their powers and to perform their functions; |
| • | section 164 of the Constitution provides that any matter concerning local government not dealt with in the Constitution may be prescribed by national legislation or by provincial legislation within the framework of national legislation; |
| • | as required by section 163 of the Constitution, the Organised Local Government Act, 1997 (Act No. 52 of 1997), provides for the recognition of national and provincial organisations representing municipalities, |
BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows:—
