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Presentation to Preparatory Meeting of the Premier’s Intergovernmental Forum 1 June 2005

Western Cape Provincial Government. Overview and Implications of the Intergovernmental Relations Framework Bill. Presentation to Preparatory Meeting of the Premier’s Intergovernmental Forum 1 June 2005. Purpose of Bill.

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Presentation to Preparatory Meeting of the Premier’s Intergovernmental Forum 1 June 2005

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  1. Western Cape Provincial Government Overview and Implications of the Intergovernmental Relations Framework Bill Presentation to Preparatory Meeting of the Premier’s Intergovernmental Forum 1 June 2005

  2. 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 PIF Preparatory Meeting

  3. 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 PIF Preparatory Meeting

  4. 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 PIF Preparatory Meeting

  5. 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 PIF Preparatory Meeting

  6. 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 PIF Preparatory Meeting

  7. 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 PIF Preparatory Meeting

  8. 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 PIF Preparatory Meeting

  9. 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 PIF Preparatory Meeting

  10. 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 PIF Preparatory Meeting

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