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An intergovernmental Perspective - sadelivery.co.za

IGR working together for development An intergovernmental Perspective .. Preparations for the 2010 FIFA Soccer World Cup Service delivery in the water sector Service delivery in the former cross-boundary municipalities Planning & delivery of sustainable human settlements The URP & ISRDP under the spotlight Towards integrated governance &. seamless delivery A Series of six Case studies dplg and GTZ December 2008. Foreword by the Minister, Mr Sicelo Shiceka The Constitution of the Republic of south Africa (1996) states that government is constituted of the national, provincial and local spheres of government, which are distinctive, interdependent and interrelated (Section 40 (1)). In order to bring cohesion and stability between these distinct but interrelated spheres of government, Chapter 3 of the Constitution refers to the principles and practice of co-operative government. Thus each sphere is expected to work towards the provision of coherent government through the fostering of co-operation, friendly relations, transparency and consultation in the execution of constitutional mandates.

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Transcription of An intergovernmental Perspective - sadelivery.co.za

1 IGR working together for development An intergovernmental Perspective .. Preparations for the 2010 FIFA Soccer World Cup Service delivery in the water sector Service delivery in the former cross-boundary municipalities Planning & delivery of sustainable human settlements The URP & ISRDP under the spotlight Towards integrated governance &. seamless delivery A Series of six Case studies dplg and GTZ December 2008. Foreword by the Minister, Mr Sicelo Shiceka The Constitution of the Republic of south Africa (1996) states that government is constituted of the national, provincial and local spheres of government, which are distinctive, interdependent and interrelated (Section 40 (1)). In order to bring cohesion and stability between these distinct but interrelated spheres of government, Chapter 3 of the Constitution refers to the principles and practice of co-operative government. Thus each sphere is expected to work towards the provision of coherent government through the fostering of co-operation, friendly relations, transparency and consultation in the execution of constitutional mandates.

2 In order to provide a framework within which we realise these principles, The intergovernmental Relations Framework Act was promulgated in 2005. The Act provides for an institutional approach to foster cohesive and co-operative government in the implementation of policy and legislation, as well as in the effective provision of government programmes and services. intergovernmental Relations (IGR) therefore, provides a systemic framework for how governance is managed in a decentralised system. This framework supports the constitutional requirement that the three spheres assist and support each other, consult on matters of national interest and co-ordinate their actions. 1. How government has responded to the challenge of implementing a working system of intergovernmental Relations was assessed in the first report to Parliament on the conduct of IGR in the Republic. The Implementation of the Intergovenmental Relations Framework Act, the Inaugural Report 2005/06 2006/07 was tabled in Parliament in June 2008.

3 The report provides an overview of the evolution of the system during the first and now second decades of democracy, and further reviews the important policy, legislative and programmatic measures that have been implemented since the Act was promulgated. The Report notes that the effectiveness of the IGR system may be measured by the extent to which it adds value in effective service delivery, development and good governance across the three spheres of government. This shift in thinking, from a technical and legalistic understanding of IGR, to a developmental understanding, has opened up a central role for IGR in the uniformly co-ordinated approach that currently informs service delivery and the implementation of policy across all spheres of government. The six case studies presented to you in this publication serve to illustrate these developmental intergovernmental perspectives. They provide clarity on how multi- sphere co-ordination is managed in a variety of contexts, within programmes, and provide insights into critical challenges that still remain to be overcome.

4 You will learn how the national policy, fiscal and legislative environments are translated into developmental activity by the sector departments, the provinces and local government. The key role of partnerships with both state and non-state role-players such as communities, the private sector and civil society are also featured. Together, these elements combine to provide us with a comprehensive series of case studies that provide a welcome addition to the growing body of knowledge on the practice and conduct of intergovernmental Relations in the Republic. The dplg would like to thank its development partner, GTZ, for the support in getting this publication produced. May you enjoy it, and find value in these pages as you partner with government in overcoming the major challenges in the creation of a better life for all. Your comments and feedback are welcome. Minister for Provincial and Local Government Sicelo Shiceka 2. Contents 4.

5 7. SIX CASE STUDIES: AN IGR Perspective . Preparations for the 2010 FIFA Soccer World 15. Service delivery in the water 29. Service delivery in the former cross-boundary 53. Planning & delivery of sustainable human 69. The URP & ISRDP under the 85. Towards integrated governance & seamless delivery .. 105. 129. 3. Acronyms ABM Area-Based Management ACSA Airports Company of south Africa AsgiSA Accelerated and Shared Growth Initiative for south Africa CBM Cross Border Municipality CFO Chief Financial Officer CMIP Consolidated Municipal Infrastructure Program CWSS Community Water Supply and Sanitation DBSA Development Bank of Southern Africa DEAT Department of Environmental Affairs and Tourism DFA Department of Foreign Affairs DG Director General DIF District intergovernmental Forum DM District Municipality DoC Department of Communications DOH Department of Health DOHA Department of Home Affairs DOJ Department of Justice DoRA Division of Revenue Act DOT Department of Transport DPLG Department of Provincial and Local Government DTI Department of Trade and Industry DWAF Department of Water Affairs and Forestry FFC Fiscal and Financial Commission FIFA F d ration Internationale de Football Association FOSAD Forum of south african

6 Directors-General FS Free State GCIS Government Communication and Information Service HOD Heads of Departments ICT Information and Communications Technology IDASA Institute for a Democratic Alternative for south Africa IDP Integrated Development Plan IDTT Integrated Development Task Team IDZ Industrial Development Zone IGR intergovernmental Relations IGRFA intergovernmental Relations Framework Act IMC International Marketing Council 4. ISRDP Integrated Sustainable Rural Development Programme JGTF Joint Government Technical Forum KZN KwaZulu Natal LED Local Economic Development LGES Local Government Equitable Share LM Local Municipality LOC Local Organising Committee MEC Member of Executive Committee MFMA Municipal Finance Management Act MIG Municipal Infrastructure Grant MITT Municipal Infrastructure Task Team MM Municipal Manager MOU Memorandum of Understanding MSA Municipal Systems Act MTEF Medium Term Expenditure Framework MTSF Medium Term Strategic Framework NEDLAC National Economic Development and Labour Advisory Council NJRT National Joint Response Team NPF National Planning Framework NSDP National Spatial Development Perspective NSTT National Sanitation Task Team NT National Treasury NWSP National Water Sector Program OTP Office of the Premier PCAS President's Coordinating and Advisory Services PCC President's Coordinating Council PFMA Public Finance

7 Management Act PGDP Provincial Growth and Development Plan PIF Premier's intergovernmental Forum SIX CASE STUDIES: AN IGR Perspective . PIMMS Planning, Implementation, and Management Support System PLC Provincial Liaison Committee PMU Project Management Unit PSL Professional Soccer League PTCC Provincial Technical Coordinating Committee SAA south african Airways SABC south african Broadcasting corporation SAFA south african Football Association SALGA SA Local Government Association 5. SANRAL south african National Roads Agency Ltd. SARCC south african rail commuter corporation SARS SA Revenue Service SAT south african Tourism SETA Sector Education and Training Authority SFWS Strategic Framework for Water Services SMME Small, Medium and Micro Enterprises SOEs State Owned Enterprises SONA State of the Nation Address SWAP Sector-Wide Approach URF Urban Renewal Forum URP Urban Renewal Program WCA Water Catchment Areas WSA Water Services Authority WSDP Water Sector Development Plan WSP Water Services Provider An intergovernmental Pers pec t iv e.

8 Six case studies are presented around the distinct yet interrelated themes of intergovernmental planning, intergovernmental co-ordination and intergovernmental Relations. These case studies address strategically important issues for the developmental agenda of the south african Government over the next few years. Introduction intergovernmental Relations case studies Introduction The south african Constitution, 1996 stipulates that government is constituted as national, provincial and local spheres of government, which are distinctive, interdependent and interrelated. These three spheres of government and organs of state in each sphere are constitutionally bound by the basic principles of co-operative governance. Co-operative governance is the marshalling of the distinctive effort, capacity, leadership and resources of each sphere of government; and directing these, as effectively as possible, towards the developmental and service delivery objectives of government as a whole.

9 Section 41(1) of the Constitution further states that there shall be co- operation, mutual trust and good faith between these three spheres. They should inform and consult one another on matters of common interest, co-ordinate their legislation, and adhere to agreed procedures. In addition, it is expected that Acts of Parliament should establish structures and institutions to promote and facilitate intergovernmental Relations, and provide mechanisms and procedures to facilitate settlement of intergovernmental disputes. intergovernmental Relations (IGR) facilitates the achievement of shared developmental outcomes in the context of the three-sphere governance system. IGR is about complex and interdependent relations amongst the three spheres of government. intergovernmental Relations has been conceptualised as a system through which political priorities across the nation are harmonised to flow in the same developmental direction. IGR incorporates political leadership and aligns and directs spheres of government towards the same political priorities.

10 south Africa has adopted an instrumental approach to IGR that focuses on what effective IGR can achieve, in other words, better developmental outcomes through the strategic management of decision making and development. IGR is an instrument for mobilising the distinctive efforts, capacities, leadership and resources of each sphere towards service delivery and development objectives. IGR should have a specific developmental character. 8. It is critically important that our system of co-operative governance must continually operate in ways that result in better co-ordinated and integrated planning, budgeting and service delivery within and across spheres of government, if we are to promote sustainable community development and help bring a better life to all citizens Former President Mr Thabo Mbeki, Address to the National Council of Provinces, 10 November 2006. Effective IGR co-operative governance in action should contribute towards seamless government.


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