CONTENTS

1. MANAGING INTERGOVERNMENTAL RELATIONSThe Technical Assistance Unit of NTIn conjunction with the GCIS Project Desk and the DPSA7 DECEMBER 2005

2. CONTENTS • Constitutional Framework; • Intergovernmental Relation in practice; • Challenges and Tensions within Intergovernmental Relations ; • Model Towards Unified State Action; and • Constitutional and legislative imperatives

3. CONSTITUTIONAL FRAMEWORKS • Single Unitary State in Three Spheres; • Distinct, Inter-dependent and Interrelated; • Principles of Co-operative Governance; • National Government: Policy-Making & Oversight, setting national standards & norms; • Provincial Govt: Administer Social Services • Local Govt: Deliver Basic Services & Local Economic Development

4. Intergovernmental Relations in Practice • CORE BUSINESS OF GOVERNMENT • Managing Priority-Setting; • Managing Policy Formulation; • Managing Implementation and Service Delivery; • Monitoring and Evaluation; • Managing Dispute and Interventions

5. 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: Informality means intergovernmental relations can become discretionary Lack of certainty about inclusion of local government “Joint” decision-trap (risk of proliferation of institutions without clear purpose – hampers performance) High transaction costs of coordination Weak geographic and spatial targeting (integrating outcomes) Challenges and Tensions within Intergovernmental Relations System

6. Challenges and Tensions within Intergovernmental Relations System 3. Accountability for Performance and Budget Control (relies on the budget to coordinate intersectoral policy issues) • Integrated Governance; ( Stronger forms of collaboration and emphasis on a unified state action across spheres) • Key challenge how to balance and manage competing tendencies built into the Three Spheres System of Government;

7. Challenges For Next Decade • Ten Year Review • A coincidence between weak state capacity and poverty is a barrier to the poor accessing services provided by government; • Whether asymmetric allocation of responsibility should be considered where capacity exist at local government sphere; • Improvement of performance of the State; (greater attention being on implementation)

8. Challenges For Next Decade • Two Parallel Economies • First Economy • Modern/ Highly developed • Produces bulk of our countries wealth; • Is integrated within global economy; • Is resilient and sustainable

9. Challenges For Next Decade • Second Economy • Poor and Underdeveloped; • Incorporates poorest of our rural and urban poor; • Contains big % of our population; • Is structural disconnected from both first and global economy; • Is incapable of self-generated growth and development;

10. Model Towards Unified State Action • One Government for SA, in three sphere facing the same problems of development; • Redressing poverty, underdevelopment and marginalisation is a National Task • To a community it is irrelevant which sphere provides a service; • Poverty resides in communities; • Municipalities are shared spaces for all spheres;

11. Challenges For the State • How to achieve a national vision in practice given the relative autonomy of each sphere of government in critical areas of social delivery? • Objectives of intergovernmental relations system is to cooperate and collaborate within and across spheres, as a means to achieving a more coherent public policy and more effective service delivery;

12. Examples of IGR Development Agreements • National Priority: “Job Creation” (skills development programme, land tenure and provide games) • Provincial Expression: “Growing Eco-Tourism Sector” (promote tourism, vet services and transport) • Local Expression: “Shift from cattle farming to game farming” (appropriate infrastructure, lay in water and electricity etc) • All spheres will play different roles in realisastion of this priority within their jurisdictions;

14. What model addresses • A more structured and spatially targeted way to deal with real issues of development in actual communities; • All spheres entering into IGR Development Agreements/Partnerships that commits three spheres to national development targets in each of the 53 District and Metropolitan Municipalities

15. Constitutional and Legislative Imperatives • Chapter three of the Constitution – provides guiding principles and values;{section 41(1)} • Section 154 (1) National & Provincial must support and strengthen capacity of municipalities to perform their functions • Section 41(2) requirement for IGR Act • Other legislations, e.g. MSA,MTEF,DORA,MFMA • Non-negotiable, obligatory and apply equally to all spheres of government

16. 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

17. Object of the Act • To facilitate co-ordination in the implementation of policy and legislation, including: • Coherent government; • Effective provision of services; • Monitoring implementation of policy and legislation; and • Realisation of national priorities

18. Promoting object of the Act • All spheres of government must seek to achieve object of the Act, by: • Taking into account circumstances, material interest and budget of other government, when performing their functions; • Consulting other affected organs of state through direct contact or through any relevant IGR structures; • Co-ordinating their actions when implementing policy and legislation affecting other government; • Avoiding unnecessary and wasteful duplication or jurisdictional contest/turfs; • Support and build capacity, share information and consult other affected governments; and • Participate in IGR structures

19. Intergovernmental Structures • (i) President’s Coordinating Council, (ii)National Intergovernmental Forums, (iii)Premiers Intergovernmental fora, (iv)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

20. Chapter Three: Conduct of intergovernmental relations • Defines roles and responsibilities for intergovernmental relations • 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

21. Chapter Four: Resolution of intergovernmental disputes • Organs of State must seek to resolve own disputes without resorting to judicial proceedings (reasonable effort) • Default measure (Chapter does not apply if other Act applies) • Compliance with procedures mandatory • Non-compliance precludes court action • Facilitation role for Minister of Provincial and Local Government or MEC for Local Government

22. Chapter Five: Miscellaneous • Main purpose of chapter is to provide for reporting, regulation and other incidental matters • Ministerial Report to Parliament in both Houses with regard to, inter alia: • General conduct of IGR in Republic • Incidence and Resolution of Intergovernmental Disputes

23. THANK YOU