Free State Province Second Provincial Senior Management Service Conference 29 August 2006

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Free State Province Second Provincial Senior
Management Service Conference29 August 2006

• INTERGOVERNMENTAL RELATIONS ACT CHALLENGES AND
  OPPORTUNITIES
• DR. MAKHOSI KHOZA
• SALGA CEO

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PRESENTATION OUTLINE

• Introduction
• Current Institutional Arrangements
• - Constitutional Structure
• - Roles of different spheres
• - Role of IGR Structures
• - Current IGR Structures
• 3. IGR Framework Act
• - Background
• - Challenges and
• - Opportunities
• 4. Conclusion

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INTRODUCTION

• WHY IGR WHAT IS THE CONTEXT?
• CHOICE DICTATES OF A DEVELOPMENTAL STATE
• THREE LEGGED POT NATIONAL, PROV. LOCAL GOVTS
• CAN SERVICE DELIVERY DEVELOPMENT BE CHAMPIONED
  BY MARKET FORCES?
• WHAT IS THE ROLE OF THE STATE?

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INTRODUCTION

• THE DEVELOPMENTAL DICTATE A SPECIAL CALIBRE OF
  CADRE THAT HAS A DEVELOPMENTAL IDEOLOGICAL
  ORIENTATION AND INTELLECTUAL GROUNDING
• THROUGH THE BALANCE OFFERED BY IGR, DEVELOPMENT
  IS POSSIBLE

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INTRODUCTION

• Constitution stipulates that government is
  constituted as national, provincial and local
  spheres of government, which are distinctive,
  interdependent and interrelated.
• The three spheres of government and organs of
  state in each sphere thereof are constitutionally
  bound by the basic principles of co-operative
  governance.
• Co-operative government is the marshalling of the
  distinctive effort, capacity, leadership and
  resources of each sphere and
• directing these, as effectively as possible,
  towards the developmental and service delivery
  objectives of government as a whole.

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INTRODUCTION (cont)

• Intergovernmental relations have been
  conceptualized as processes through which
  political priorities across the nation are
  harmonized to flow in the same developmental
  direction.
• Intergovernmental Relations incorporates
  political leadership and aligning and directing
  spheres of government towards the same political
  priorities.
• Historically Intergovernmental Relations have
  been largely unregulated, were informal in nature
  and practices have evolved pragmatically as
  government across the spheres sought to give
  effect to the founding principles of co-operative
  government.

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Current Institutional Arrangement

• Constitutional Structure
• Service provision functions are shared between
  the three spheres of government.
• National government and provinces are
  concurrently responsible for social services such
  as health, education and social welfare.
• National and local government are jointly
  responsible for functions such as the provision
  of water, electricity, sanitation and
  environmental health.

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Current Institutional Arrangement (cont)

• Roles of different spheres-
• National governments role is primarily a
  regulatory role, for instance-
• - setting policy norms to ensure equitable
  service provision,
• - dividing revenue through the budget process,
• - monitoring impact, providing information and
• - support and exercising oversight.
• Provinces and municipalities deliver services to
  the public within the framework of national
  policy, with the authority-
• - to determine their own budgets,
• - to decide the appropriate mix of services,
• - to provide these services to the public, and
• - to account for performance at first instance.

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Current Institutional Arrangement (cont)

• Role of IGR Structures-
• Play a crucial role in forging coherent
  government for the country by establishing
  platforms for engagement to take place between
  national policy direction for the country and the
  distinctive service preferences of provincial and
  local government.
• Intergovernmental institutions are one of the
  most important instruments for coordinating the
  actions of all spheres of government towards the
  realization of common policy goals for the
  country.

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Current Institutional Arrangement (cont)

• Current IGR Structures-
• A range of IGR Structures have been established
  at national and provincial level, most of which
  are non-statutory.
• They arose out of practical necessity as spheres
  of government sought to give effect to the
  constitutional principle of cooperative
  government.
• Its non-statutory nature allowed the
  establisher thereof to decide its internal
  arrangements, business and proceedings.
• This gave rise to the exclusion of local
  government as participants.

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IGR Framework Act

• Background-
• Section 41(2) of Constitution requires that an
  Act of Parliament must-
• - establish or provide for structures and
  institutions to promote and facilitate
  intergovernmental relations, and
• - to provide for appropriate mechanisms and
  procedures to facilitate the settlement of
  intergovernmental disputes.
• The IGR Framework Act-
• - gives effect to this constitutional
  requirement, and
• - provides for an institutional framework for
  interaction between national, provincial and
  local governments and all organs of state within
  those spheres

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IGR Framework Act(cont.)

• The IGR Framework Act attempts to-
• Reflect on and codify best practices on IGR since
  1994
• Establish common approaches and understanding of
  IGR and
• Provide greater predictability and uniformity in
  core IGR areas such as intergovernmental
  development planning coordinated implementation
  and service delivery uniform approaches to IGR
  forums and predictable approaches to addressing
  IGR disputes.

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IGR Framework Act(cont.)

• In terms of national IGR imperatives, the Act
  seeks to affect the
• conduct of government in the following ways-
• All spheres must set, execute and monitor
  development priorities for the country, having
  due regard to the priorities and plans of other
  spheres
• All spheres must consult another sphere on policy
  or actions affecting it, and give regard to views
  and circumstances of affected spheres
• Manage service delivery efficiently, and in a way
  that is accessible to beneficiaries, in spite of
  jurisdictional boundaries and with due regard to
  differential capacities
• Forge strong, flexible goal directed
  partnerships, without weakening performance and
  accountability
• Plan and act within a framework of global and
  domestic economic conditions, within available
  budget constraints and account for performance in
  terms of existing legislation and
• Resolve disputes without recourse to court
  action.

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IGR Framework Act(cont.)

• Challenges of the Act
• To realize key developmental priorities relating
  to poverty eradication, work creation and social
  services
• Applying one size fits all solutions and
  requiring municipalities to do more with less.
• Trying to achieve forging of stronger forms of
  collaboration and partnerships between spheres,
  boosting performance and accountability across
  spheres and finding simpler, faster and more
  effective ways to get things done will require a
  variety of strategies over and above what the Act
  provides for.
• Ineffectiveness and non-functionality of the
  established structures.

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IGR Framework Act(cont.)

• Challenges of the Act
• To ensure that IGR structures are able to bring
  certainty in how the three spheres interact on
  key developmental priorities of the country as a
  whole, and how to position government better for
  local and community focused development.
• The IGR Framework Act provides for the Minister
  to issue regulations or guidelines regarding a
  framework for co-ordinating and aligning
  development priorities and objectives between the
  three spheres of government a framework for
  co-ordinating IGR conduct and action affecting
  municipal functions and indicators for monitoring
  and evaluating the implementation of the Act.
  These guidelines are key to the implementation of
  the Act but have, to date, not been published.

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IGR Framework Act(cont.)

• Opportunities provided by the Act
• Proper implementation of the Act will go a long
  way to improving governments performance as a
  whole.
• Through the interaction of the Premiers
  Co-ordinating Forums with the District-Mayoral
  Forums around key developmental objectives of the
  country as a whole, municipalities would be able
  to develop credible five-year programmes and
  provinces would be in a position to intensify and
  institutionalize the hands-on support to
  municipalities.
• District Mayors will be in a position to assume
  more responsibility in ensuring that there is a
  district-wide development vision.

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CONCLUSION

• SALGA is strongly of the view that this Act,
  when implemented fully and when consideration is
  given to the challenges faced, will contribute
  immensely in-
• - facilitating and ensuring coherent
  government
• - a coordinated process of implementation of
  policies, programmes and legislation and
• - effective delivery of services, which is a top
  priority at local government level.

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THANK YOU

• Dr Makhosi Khoza
• mkhoza_at_salga.org.za