Fholisani Mufamadi, for and Government, hereby, in terms ofsection154(2) of theConstitution, publish the Intergovernmental Relations Framework Bill, 2004, for public comment.
To establish an institutionalframework for the national government, the intergovernmental relations; to provide for mechanisms and procedures to facilitate the resolution of intergovernmentaldisputes; and to provide for matters connected therewith.
I 2000 (Act No.
the Constitution or legislation; or an agreement or other instrument emanatingfrom the Constitution or legislation.
In this Act, a word or expression derived from aword or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended.
all provincial governments and all provincial organs of state; and all local governments and all municipal organs of state.
the courts and judicial officers; and an institution established by Chapter 9 of the Constitution and any other public institution that does not fall within the national, provincial or local sphere of government.
In the event of any conflict between a provision of this Act and a provision of another Act of Parliament, the provision of that other Act prevails.
a municipal by-law, the provision of this Act prevails.
monitoring the implementation of policy andlegislation;and generally the realisation of national priorities.
participating in intergovernmental structures of whichthey are members and in efforts to resolve intergovernmental disputes.
Local Government Act, I997 (Act No. 52 of 1997).
The President is the chairperson of the Council.
the co-ordination and alignment of priorities, objectives and strategies across national, provincial and local governments; and operation between different governments; and to consider reports from other intergovernmental fonuns on matters affecting the national interest.
determines the agenda for a meeting of the Council; and may invite any Cabinet member not mentioned in section 5, or any Deputy Minister to a meeting of the Council.
The Minister is responsible forproviding administrative and other support services to the Council.
Any Cabinet member establish national forum to promote and facilitate intergovernmental relations in the functional area for which that Cabinet member is responsible.
Any Minmec which existed when thisActtook effect must for the purposes of this Act be regarded as having been established in terms of subsection (l), except when such Minmec has been established by an Act of Parliament.
the members of the Executive Councils of provinces who are responsible for a similar functional area in their respective provinces; and to the extent as may be appropriate for therelevant functional area for which the forum is established, a representative of organised localgovernment.
The relevant Cabinet member is the chairperson of the forum.
any other matters of strategic importance within the hctional area which depend on co-operation between different governments.
A national intergovernmental forum established in terms of section 8 must report back to the President's Co-ordinating Council on any matter referred to it by the Council.
determines the agenda for a meeting of the forum.
The Department oftherelevantCabinetmember is responsible for providing administrative and other support services to the forum.
The Premier of a province must establish a Premier's intergovernmental forum to promote and facilitate intergovernmental relations between the province and local governments in the province.
a representative of organised local government in theprovince.
The Premier is the chairperson of theforum.
district intergovernmental forums in the province.
convenes the meetings of the Premier's intergovernmentalforum;and determines the agenda for a meeting of the forum.
The Premier's Office is responsible for providing administrative and other support services to the forum.
Reports to President's Co-ordinating Council may report to the Council on matters of national interest that have arisen in the forum.
The Premier of a province mayestablishforany specific functional area a formal provincial intergovernmentalforum to promote and facilitate effective and efficient intergovernmental relations between the province and local governments in the province with respect to that functional area.
The Premiers of two or moreprovinces may establish an inter-provincial forum to promote and facilitate intergovernmental relations between those provinces.
The composition, role and functioning of aninter-provincial forum established in terms of subsection (1) must be determined by agreement between the participating provinces.
The mayor of a district municipality must a establish district intergovernmental forum to promote and facilitate intergovernmental relations between the district municipality and the local municipalities in the district.
the mayor of the districtmunicipality;and the mayors of the local municipalities in the district.
The mayor of the district municipality is the chairperson of the forum.
service delivery in the district; and coherent planning anddevelopment in the district.
convenes the meetings of the district intergovernmental forum;and determines the agenda for a meeting of the forum.
The district municipality is responsible for providingadministrative and other support services to the forum.
must meet regularly;and must meet at least once per year with service providers and other role players delivery and planning in the district.
The composition, roleand functioning of an inter-municipality forum established in terms of subsection (1) must be determined by agreement between the participating municipalities.
An intergovernmental may an intergovernmental technical support structure by consensus amongst the parties if there is a need for formal technical support to the forum.
may include any other personswhomaybeuseful for the support of the intergovernmental forum.
Where there is an obligation in terms of this Act or any other legislation to consult organised local government on any matter, such consultation may be conducted through an appropriate intergovernmental structure.
If local is represented in the organisedgovernment not intergovernmental structure Concerned, it is for purposes of subsection (1) entitled to participate through a representative with full speaking rights in such structure when the relevant matter is discussed.
An intergovernmental structure is a forum for intergovernmental consultation and discussion. It is not an executive decision-making body butmay adopt resolutions or make recommendations in terms of agreed procedures.
(h)proceduresforthe amendment of its internal rules.
The internal rules of an intergovernmental structuremustbe consistent with this Act and any other applicable legislation.
An organ of state participating in an intergovernmental structure, and any person representing that organ of state, mustadhereto the provisions of that structure's internal rules.
Any standing intergovernmental body which exists when this Act takes effect, must comply with subsection (1) withinoneyear, except if an Act of Parliament specifically regulates the establishment functions of such and intergovernmental body.
if such intergovernmental structure formally adopts therules;and to the extent and subject to the modifications and qualifications as determined by the intergovernmental structure.
Organs of state in different governments must, to the extent required by the Constitution or national legislation, assist each other.
provide for dispute resolution procedures and mechanismsshould disputes arise in the implementation of the protocol; and include any othermatters as the parties may agree.
Any organ of state may initiate the process for the establishment of an implementation protocol after consultation with the other affected organsof state.
(b)in writing and signedby the parties.
The implementation of the protocol maybeco-ordinated by an appropriate intergovernmental forum.
(d)animplementationprotocol will materially assist the organs of state participating in the provision of a service in a specific area to co-ordinate their actions in that area.
take into account the interests of local communities in the province; and consult the local sphere of government in the province or any specifically affected municipalities.
Consultation in terms of subsection (1) must be appropriately focussed and include a consideration of the impact that such policy or legislation may have on the functional, institutional or financial integrity and coherence of government in the local sphere of government in the province.
Provincial intergovernmental forumsestablished in terms of section 15 or 20 must to the extent practical be utilisedas forums for'such consultation.
(b)local governments in the province.
The mayor of a district municipality is responsible for ensuring the co-ordination of intergovernmental relations within the district municipality with local municipalities in the district.
This Chapter does not apply to the resolution of specific intergovernmental disputes in respect of which other national legislation provides mechanismsor procedures forthe resolution of such disputes; or to a dispute concerning an intervention procedure in terms of section 100 or 139 of the Constitution.
to avoid rather than cause intergovernmental disputes when exercising their statutory powers and functions; and to resolve intergovernmental without resorting to disputes judicial proceedings.
Any formal agreement between two or more organs of state in different governments regulating the exercise of statutory powers or functions, including any implementationprotocol or agencyagreement, mustinclude dispute resolution mechanisms or procedures that are appropriate to the nature of the agreement and the likely matters that may become the subject of a dispute.
An organ of state which is a party to an intergovernmental dispute with another government or organ of state maydeclare the dispute a formal intergovernmental dispute by notifying the other party of such declaration in writing.
Before declaring a formalintergovernmental dispute the organ of state in question must, in good faith, make every reasonable effort to resolve the dispute, including by initiating direct negotiations with the other party or negotiations through an intermediary.
Whereamechanism or procedure is specifically provided for in other legislation or in anagreementbetween the parties, thepartiesmustmake every reasonable effort to resolve thedispute in termsof such mechanism or procedure.
(a)If the parties fail to convene a meetingreferred to in subsection and a national organ of state is involved in the dispute, the Minister may convene the meeting.
If the parties fail to convene a meeting referred to in subsection and the dispute is between a provincial organ of state and a local government in the province or a municipal organ of state, or between local governments in a province or municipal organs of state, the MEC for local government in the province may convene the meeting.
If the parties fail to attend a meeting convened by the Minister or MEC or to designate a facilitator referred to in subsection (1) (d), the Minister or MEC may designate a facilitator on behalf of the parties.
the mechanism or procedure to be used to resolve the dispute; (cc) any other matter that may be prescribed; and progress reports as maybe necessary containing such information as may be prescribed.
(ii)if the dispute is between a provincial organ of state and a local government in the province ora municipal organof state; or the MEC, if the dispute is between localgovernmentsinthe province or municipal organs of state.
If a dispute referred to in subsection (2) (b) affects the national interest, the Minister may request the facilitator to submit reports to the Minister as well.
the dispute is between a provincial organ of state and a local government in the provinceor municipal organof state; or the MEC for local governmentin the relevant province, if the dispute is between local governments or municipal organs of state in the province.
On receipt of a request in terms of subsection (1) the Minister or MEC may take any appropriate steps to assist the parties in resolving the dispute, including the designation of an official in the public service or other person to act as facilitator between the parties.
A facilitator designated in terms of subsection (2) acts on the instructions of theMinister or MEC.
the dispute has beendeclared a formal intergovernmental dispute in terms of section 40;and efforts to resolve the dispute in terms of this Chapter were unsuccessful.
Any negotiations in terms of section 40, discussions in terms of section 41 and reports in terms of section 42 areprivilegedandmaynot be used in any judicial proceedings as evidence by or againstany of the parties to an intergovernmenta1 dispute.
(c)any other relevant matters.
guidelines not inconsistent this concerning conductwithAct the of intergovernmental relations.
publish the draft regulations orguidelinesin the Government Gazette for public comment; and engage in an appropriate consultative processwith organs of state on the substance of the regulations or guidelines.