South AfricaZA

Article 41 of the Constitution of South Africa

Article
41
Chapter
CHAPTER 3 — CO-OPERATIVE GOVERNMENT
Index row title
(1) All spheres of government and all organs of state within each sphere must—
Source document
The South Africa Constitution
Provision ID
a43c9b82-fc47-4c04-8fa1-5760f655b145

282 words

Verbatim text

(a) preserve the peace, national unity and the indivisibility of the Republic; (b) secure the well-being of the people of the Republic; (c) provide effective, transparent, accountable and coherent government for the Republic as a whole; (d) be loyal to the Constitution, the Republic and its people; (e) respect the constitutional status, institutions, powers and functions of government in the other spheres; (f) not assume any power or function except those conferred on them in terms of the Constitution; (g) exercise their powers and perform their functions in a manner that does not encroach on the geographical, functional or institutional integrity of government in another sphere; and (h) co-operate with one another in mutual trust and good faith by— (i) fostering friendly relations; (ii) assisting and supporting one another; (iii) informing one another of, and consulting one another on, matters of common interest; (iv) co-ordinating their actions and legislation with one another; (v) adhering to agreed procedures; and (vi) avoiding legal proceedings against one another. Chapter 3: Co-operative Government 22(2) An Act of Parliament must— (a) establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and (b) provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes. (3) An organ of state involved in an intergovernmental dispute must make every reasonable effort to settle the dispute by means of mechanisms and procedures provided for that purpose, and must exhaust all other remedies before it approaches a court to resolve the dispute. (4) If a court is not satisfied that the requirements of subsection (3) have been met, it may refer a dispute back to the organs of state involved. Chapter 3: Co-operative Government Composition of Parliament

What this means

  • The index files this text under article 41 of the Constitution of South Africa.
  • The index files it under the chapter heading “CHAPTER 3 — CO-OPERATIVE GOVERNMENT”.
  • The passage runs to about 282 words.

The row’s stored title is a body fragment, not a heading (“(1) All spheres of government and all organs of state within each sphere must—”), so it is not used as the provision’s title here.

The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.

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How to cite this

Constitution of South Africa, article 41, Portable Lawyer, https://www.portablelawyer.app/provision/a43c9b82-fc47-4c04-8fa1-5760f655b145 (accessed 25 October 2026).

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Accessed 25 October 2026.

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