Intergovernmental Relations Framework Bill (Public Hearings)

INTERGOVERNMENTAL RELATIONS FRAMEWORK BILL (PUBLIC HEARINGS) :DEPARTMENT OF PROVINCIAL AND LOCAL GOVERNMENT

Tuesday. 15 March 2005

Purpose of presentation

1.To explain the context for legislation on intergovernmental relations

2.To provide a brief overview of the chapters of the Bill

Context for Bill

1.Constitutional framework for the Bill

2. Government's Program of Action

3. Current reality of intergovernmental :0ordination (Why an Act is needed)

4. Intergovernmental process to develop Bill

5. Other initiatives to strengthen intergovernmental cooperation

Constitutional context

1.Chapter Three of the Constitution (Cooperative government)

2. Section 41(2): "An Act of parliament must establish or provide for structures and institutions to promote and facilitate intergovernmental relations, and provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes."

Government’s Program of Action

To improve integration among all spheres of government in both policy development and implementation the intergovernmental relations bill has been finalized.. This will be complemented by the alignment of spatial and development strategies and planning cycles long all three spheres of government. President Mbeki SON 11 February 2005

Intergovernmental relations: current reality (Why Act is needed)

Current reality:	Implications:
1.Ten Year Review assesses successes in past decade and the need to improve the implementation capability	1. Informality means intergovernmental relations can become discretionary
2.Intergovernmental relations has evolved over ten years	2 Lack of certainty about inclusion of local government
3 System is largely informal	3 "Joint" decision-trap (risk of proliferation of institutions without clear purpose -hampers performance)
4.Self-regulatory system impacts on the capability of Government to accelerate	4 High transaction costs of coordination
5 Best practice has emerged and should be considered	5. Weak geographic and spatial targeting integrating outcomes

Lengthy, inclusive consultation in Government

2003

Version 1

Cabinet Committee

Clusters

PCC

MinMEC

Written Inputs

June 2004

Version 2

Cabinet Workshop

Premiers wkp

LG MinMEC

PCC

2Intergovt wkps

Nov 2004

Published

Cabinet Approval

Jan/Feb 2005-

Certified & Introduced

Bill informed by..

1. PRC report

2. Local Government White Paper

3. Intergovemmental Relations Audit Report

4. Discussion documents

5. Cabinet decisions and Makgotla resolutions

6. Ten Year Review

7. Constitutional Court cases

8. Government's POA

Key programs 2005

1.Intergovemmental Relations Framework legislation

2.Prrocess (lead by Presidency) to align development priorities of all three spheres

3.Supporting provinces to develop Provincial Growth and Development Strategies (PGDS) and municipalities to review Integrated Development Plans (IDP)

IDP Hearings(commencing March 2005) will focus on ,engagement with development priorities and municipal capability to implement IDP

Objectives of Bill

1.Translating Chapter Three of the Constitution into operational principles and values to guide practice

2.Establishing a predictable and efficient institutional environment for executive government to coordinate policy and implementation (in key areas of priority for the country)

3.Enabling geographic and spatial targeting through implementation protocols

4.Prviding for intergovernmental dispute settlement

Overview of chapters

Chapter One : Interpretation, Application and Object of Act

Chapter Two : Intergovernmental structures

Chapter Three: Conduct of Intergovernmental Relations

Chapter Four : Resolution of intergovernmental disputes

Chapter Five : Miscellaneous

Chapter One: Interpretation, Application and Object of Act

1.Applies to organs of executive government in all three spheres and organs of state:

President (in Cabinet)
Premier (in Council
Mayor (in Council)

2.Does not apply to:

Parliament
Legislatures
Courts and judicial Officers
Institutions established in terms of Chapter 9 (eg. Public Service Commission, etc)

Chapter Two: Intergovernmental structures

1.Provides for President ‘s Coordinating Council, National Intergovernmental Forums, Premiers Intergovernmental forum, and District Intergovernmental Forums, and certain other structures

2.Defines primary purpose of each institution

3.Streamlined system of executive coordination and consultation

4.Structural focus on implementation of key priorities and performance

Chapter Three: Conduct of intergovernmental relations

1.Defines roles and responsibilities for Intergovernmental relations

2.Chapter also provides for flexible implementation protocols to assist the division of responsibilities between spheres in key areas of national priority in spatially integrated ways

Chapter Four: Resolution of intergovernmental disputes

1.Organs of State must seek to resolve own disputes without resorting to judicial proceedings (reasonable effort)

2.Default measure (Chapter does not apply If other Act applies)

3. Compliance with procedures mandatory

4. Non compliance precludes court action

5.Facilitation role for Minister of Provincial and Local Government or MEC for Local Government

Chapter Five: Miscellaneous

1. Main purpose of chapter is to provide for reporting, regulation and other incidental matters

2. Ministerial Report to Parliament in both Houses with regard to, inter alia:

General conduct of IGR in Republic
Incidence and Resolution of Intergovernmental Disputes

Thank you

Contact:

Mr D PoweIl: Deputy Director-General (Acting):

Governance, Policy and Research