Inter-Governmental Relations Bill 2005 in terms of Chapter 3 of the RSA Constitution: South African National Civic Organisation submission to the Portfolio Committee for Provincial and Local Government on the 15th March 2005

It is, indeed, an honor to be given an opportunity to present our views on issues of inter-governmental relations. The bill under scrutiny is aimed at a piece of legislation to regulate relations, with a purpose of ensuring effectiveness of service delivery through a coordinated approach.

Chairperson, the timing of this legislation could not be in the future. It is best served now, than later.

It is our undiluted understanding that we are concretising a matter which is long overdue. We want to congratulate the government in its endeavor to finalise this matter promptly.

Chairperson, we have lived to observe the shifting of blame between departments and spheres of government. More importantly, we are concerned about a degree of unnecessary competition in the relations of theses structures.

This initiative coordinated with a view to synchronise and congregate efforts will only increase development opportunities through efficient allocations & execution; and not only our previously disadvantaged communities will stand to benefit from the effects of this approach, but all SAs. Be it women, the youth, children, people who organized and those who uphold of idea of individualism.

In preparing the SANCO submission we also felt the importance to hold a different view on some issues with the purpose of concluding a quality agreement, at the end.

Some issues raised through public utterances raise the old debate about federalism against a unitary system. These issues, in our belief, are that they are raised by the proponents of federalism who fear what they term "centralization"! We do not read any centralization in this approach. Instead, we welcome the need for a coordinated approach.

In accepting we wish to enrich the bill in the following areas:

  1. The intercession of this bill is believed to be, but not limited to, coordination around the following issues:
  1. Another key feature of our democracy is participation; in which we practice communication, consultation, involvement & capacity building of stakeholders. It is compelling for us to ensure the participation of the most important structures of delivery. This refers to the following:
    1. At the ‘cabinet-legotla’, the role of Nedlac was raised with the purpose of ensuring a practical role in facilitating delivery. Besides this endeavor, Nedlac is a key social dialogue structure in the country.

a)Part 1:

Insertion of …5(i) A person designated by National Economic Development Labor Council Nedlac) representing all chambers & participants.

    1. The cascade of similar structures’ approach to provincial and local government is being considered to ensure that we can also promote dialogue and accelerate the implementation of programmes like the one resolved at the Growth & Development Summit.

a)Part 3:

Insertion of …16(g) A person designated by the Provincial Social & Economic Forum/structure to represent all participants.

    1. The participation of organized community formations at the level of Local Government is at the centre of succeeding in communicating both hiccups & successes.

a)Part 4:

Insertion of …23(d) A person designated by the District/Metrol Social & Economic Forum/structure to represent all participants.

Note: The inclusion of the provisions of Part 1:5(h) &(3); Part 2: 9(3); Part 3:16(3); and Part 4: 23(3) clearly indicate lack of intention to exclude important players.

    1. A further amendment is proposed relation to Part 1:5(3) to read as follows: "The President may invite any person/organisation not mentioned in subsection(1) to meeting/s of the council".
  1. Another observation is that Metropolitan Councils are not expected to establish similar forums.
  1. Closure: Thank you

Linda Mngomezulu

General Secretary