Presentation to Preparatory Meeting of the Premier’s Intergovernmental Forum

1 June 2005

Overview and Implications of the Intergovernmental Relations

Framework Bill

Western Cape Provincial Government

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Purpose of BillPurpose 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 thisBill provides mechanisms to facilitate settlement of intergovernmental disputesBill establishes line of communication from municipalities to the province to the Presidency

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Intergovernmental Structures: NationalIntergovernmental Structures: National

President’s Co-ordinating CouncilConsists of President, Deputy President, selected Ministers, Premiers, SALGAPurpose 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 memberConsists of Minister, MECs, and SALGAPurpose is to consult on implementation and alignment

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Intergovernmental Structures: ProvincialIntergovernmental Structures: Provincial

Premier is responsible for co-ordinating relations between national government and local government in the provincePremier’s Intergovernmental Forum (PIF)

Mandatory forumConsists of Premier, Local Gov’t 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 President’s Co-ordinating Council

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Intergovernmental Structures:DistrictIntergovernmental Structures:District

District Intergovernmental Forum (DIF)Mandatory forumConsists of District Mayor (Chairperson) and Local Municipal MayorsRole 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 Premier’s Intergovernmental Forum

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Intergovernmental Structures:Provincial Cont’dIntergovernmental Structures:Provincial Cont’d

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 Structures:General ProvisionsIntergovernmental Structures:General Provisions

Intergovernmental forums can establish technical support structuresEvery 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 ProtocolsImplementation Protocols

Organs of state may enter into Implementation Protocol if implementation involves more than one organ of stateImplementation Protocol must:

Describe role and responsibilities of each organ of stateOutline priorities and desired outcomesDetermine indicators to measure effective implementationDetermine resources required and contribution of participating organs of stateProvide dispute settlement procedures

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Settlement of Intergovernmental DisputesSettlement 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 CapeImplications of Bill for the Western Cape

Premier’s 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