Presentation to Preparatory Meeting of the Premier

1
Western Cape Provincial Government
Overview and Implications of the
Intergovernmental Relations Framework Bill

• Presentation to Preparatory Meeting of the
  Premiers Intergovernmental Forum
• 1 June 2005

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Purpose of Bill

• To give effect to the principles of Chapter 3 of
  Constitution (co-operative government)
• To co-ordinate efforts of all spheres of
  government in providing services, alleviating
  poverty, and promoting development
• Bill establishes structures to facilitate this
• Bill provides mechanisms to facilitate settlement
  of intergovernmental disputes
• Bill establishes line of communication from
  municipalities to the province to the Presidency

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Intergovernmental Structures National

• Presidents Co-ordinating Council
• Consists of President, Deputy President, selected
  Ministers, Premiers, SALGA
• Purpose is to consult on
• Implementation of national policies / legislation
  
• Alignment of national, provincial, and local
  strategies
• Other national intergovernmental forums (e.g.
  MinMECs)
• Established by national Cabinet member
• Consists of Minister, MECs, and SALGA
• Purpose is to consult on implementation and
  alignment

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Intergovernmental Structures Provincial

• Premier is responsible for co-ordinating
  relations between national government and local
  government in the province
• Premiers Intergovernmental Forum (PIF)
• Mandatory forum
• Consists of Premier, Local Govt MEC, other MECs,
  district and metro mayors, other mayors
  (optional)
• Role is to consult on
• Development and implementation of national and
  provincial policy and legislation
• Co-ordination and alignment of provincial and
  municipal development planning and strategic
  planning
• PIF reports to Presidents Co-ordinating Council

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Intergovernmental StructuresDistrict

• District Intergovernmental Forum (DIF)
• Mandatory forum
• Consists of District Mayor (Chairperson) and
  Local Municipal Mayors
• Role is to consult on
• Draft national or provincial policy / legislation
• Service provision
• Coherent planning and development in the district
• Co-ordination and alignment of strategic and
  performance plans
• DIF may refer issues to Premiers
  Intergovernmental Forum

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Intergovernmental StructuresProvincial Contd

• Optional provincial intergovernmental forums
• Optional forums can be established for any
  functional area or any specific part of the
  province
• Composition and role determined by Premier
• Bill recognises existing intergovernmental
  structures, unless disestablished by Premier
• Need to review role of existing intergovernmental
  structures, e.g. Provincial Advisory Forum,
  forums for transport and sport recreation

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Intergovernmental StructuresGeneral Provisions

• Intergovernmental forums can establish technical
  support structures
• Every intergovernmental structure must adopt
  rules to govern internal procedures
• Includes Terms of Reference, procedures, and
  frequency of meetings
• Interprovincial forums and intermunicipal forums
  can be established

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Implementation Protocols

• Organs of state may enter into Implementation
  Protocol if implementation involves more than one
  organ of state
• Implementation Protocol must
• Describe role and responsibilities of each organ
  of state
• Outline priorities and desired outcomes
• Determine indicators to measure effective
  implementation
• Determine resources required and contribution of
  participating organs of state
• Provide dispute settlement procedures

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Settlement of Intergovernmental Disputes

• Any organ of state may declare an
  intergovernmental dispute
• Must ensure that every reasonable effort has been
  made to avoid or settle dispute
• Organ of state cannot institute judicial
  proceedings unless
• Intergovernmental dispute declared
• All efforts to resolve dispute in terms of Bill
  were unsuccessful
• After dispute declared, organs of state must
  designate a facilitator and resolve dispute

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Implications of Bill for the Western Cape

• Premiers Intergovernmental Forum for discussing
  broader strategic issues of co-ordination and
  implementation
• Need to clarify role of Provincial Advisory
  Forum, e.g. in terms of communication and
  operational co-ordination
• Need to establish appropriate technical
  committees for PIF and DIF
• DIF technical committees will play important role
  in co-ordinating service delivery role-players
• Implementation protocol a useful mechanism for
  joint projects