1. Intergovernmental Relations Framework Bill (Select Committee: NCOP) Intergovernmental Relations Framework Bill (Select Committee: NCOP) Department of Provincial and Local Government Tuesday, 03 June 2005

2. 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 2

3. Context for Bill 1.Constitutional framework for the Bill 2.Government’s Program of Action 3.Current reality of intergovernmental coordination (Why an Act is needed) 4.Intergovernmental process to develop Bill 5.Other initiatives to strengthen intergovernmental cooperation 3

4. 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.” 4

5. 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 among all three spheres of government.” President Mbeki SON 11 February 2005 5

6. Intergovernmental relations: current reality (Why Act is needed) Current reality: 1.Ten Year Review assesses successes in past decade and the need to improve implementation capability 2.Intergovernmental relations has evolved over ten years 3.System is largely informal 4.Self-regulatory system impacts on the capability of Government to accelerate service provision 5.Best practice has emerged and should be consolidated Implications: 1.Informality means intergovernmental relations can become discretionary 2.Lack of certainty about inclusion of local government 3.“Joint” decision-trap (risk of proliferation of institutions without clear purpose – hampers performance) 4.High transaction costs of coordination 5.Weak geographic and spatial targeting (integrating outcomes) 6

7. Lengthy, inclusive consultation in Government 2003June 2004 Cabinet Committee Cabinet approval Cabinet Workshop Nov 2004 Clusters PCC MinMEC Written inputs Premiers wkp LG MinMEC PCC 2 Intergovt wkps Version 1 Version 2 Published Version of Bill 10YRELECTION 7 Certified & introduced Jan/Feb 2005

8. Bill informed by.. 1.PRC report 2.Local Government White Paper 3.Intergovernmental Relations Audit Report 4.Discussion documents 5.Cabinet decisions and Makgotla resolutions 6.Ten Year Review 7.Constitutional Court cases 8.Government’s POA 8

9. Key programs 2005 1.Intergovernmental Relations Framework legislation 2.Process (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 (commenced March 2005) focus on engagement with development priorities and municipal capability to implement IDP IDP Hearings (commenced March 2005) focus on engagement with development priorities and municipal capability to implement IDP 9

10. 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.Providing for intergovernmental dispute settlement 10

11. 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 11

12. 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) President (in Cabinet) Premier (in Council) Premier (in Council) Mayor (in Council) Mayor (in Council) 2.Does not apply to: Parliament Parliament Legislatures Legislatures Courts and judicial Officers Courts and judicial Officers Institutions established in terms of Chapter 9 Institutions established in terms of Chapter 9 (eg. Public Service Commission, etc)_ 12

13. 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 13

14. 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 14

15. 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 15

16. 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 General conduct of IGR in Republic Incidence and Resolution of Intergovernmental Disputes Incidence and Resolution of Intergovernmental Disputes 16

17. Thank you Contact: Mr D Powell: Deputy Director-General: Governance, Policy and Research (012) 334 0833 17