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

1 June 2005PIF Preparatory Meeting2 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

1 June 2005PIF Preparatory Meeting3 Intergovernmental Structures: National President’s 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

1 June 2005PIF Preparatory Meeting4 Intergovernmental Structures: Provincial Premier is responsible for co-ordinating relations between national government and local government in the province Premier’s Intergovernmental Forum (PIF) Mandatory forum Consists 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

1 June 2005PIF Preparatory Meeting5 Intergovernmental Structures: District 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 Premier’s Intergovernmental Forum

1 June 2005PIF Preparatory Meeting6 Intergovernmental 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

1 June 2005PIF Preparatory Meeting7 Intergovernmental Structures: General 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

1 June 2005PIF Preparatory Meeting8 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

1 June 2005PIF Preparatory Meeting9 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

1 June 2005PIF Preparatory Meeting10 Implications 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