Section 100 constitutional intervention in Limpopo Provincial Treasury.

Abstract

ABSTRACT Any country need to have all its oversight structures functioning well to ensure that good governance contribute to effective and efficient rendering of service delivery that creates public value. Limpopo Provincial Treasury (LPT) as an oversight structure in Limpopo Province was put under section 100 Constitutional intervention by National Government due to its inability to perform its oversight mandate over all other departments, municipalities, and public entities as enshrined in section 18 of the PFMA. The purpose of this study was to explore and establish if the implementation of section 100 (1) (b) Constitutional intervention assisted LPT to resolve the financial disparities that plagued the Province of Limpopo. Literature survey concurs that any institution failing to perform its legislative mandate should be put under Constitutional intervention to restore best practices. The study adopted qualitative research design however, elements of quantitative research design, to a smaller extent, have been applied in the study to collect and analyse the data. Case study design was adopted with LPT as the case for the study. The study revealed that section 100 Constitutional intervention did not achieve its objectives of clearing unauthorised expenditure of R2, 7 billion but LPT has immensely benefited from the Constitutional intervention process due to strong controls built, important projects implemented such as Project Based Learning (PBL) and being pilot for various projects such as LOGIS roll-out. The study stipulates that other oversight structures such as National Treasury, Office of the Premier, and Provincial Legislature i.e. Standing Committee on Public Account (SCOPA) had also failed in exercising their oversight responsibility over LPT. Lastly, the study recommends the review of Provincial Treasuries in general in terms of their establishment and design to make them more independent, effective and relevant.