In many development projects, more than one sphere of government may be involved in implementation. Where necessary, the different organs of state may enter into an implementation protocol (called a memorandum of understanding, or service level agreement) that describes the role and responsibility of each organ of state; outlines priorities and desired outcomes; and provides for monitoring, evaluation, resource allocation and dispute settlement procedures.

Any organ of state may declare an inter-governmental dispute. They must ensure that every reasonable effort has been made to avoid or settle the dispute before declaring it. Different organs of state cannot institute judicial proceedings against each other unless an inter-governmental dispute has been declared, and all efforts have been made to resolve the dispute. Once a dispute has been declared, organs of state must designate a facilitator and resolve the dispute.

It is very important for the principles of co-operative government, as contained in the Constitution, to be respected and observed by all spheres of government. It is highly undesirable for different spheres of government to take each other to court. The Inter-governmental Relations Act has been set up to facilitate co-operation and avoid legal proceedings between different spheres of government.

Inter-governmental relations go beyond the Act, and the Municipal Finance Management Act also requires consultation in the budgeting and planning process. At provincial level, technical committees should meet regularly to facilitate contact between departments and municipalities and to make sure that there is an alignment of planning priority strategies and resources between provincial and municipal government.

It is not enough for discussion to take place at PIF – regular contact is necessary to ensure that development is co-ordinated, fast-tracked, and that obstacles are removed where they impede delivery. This requires ongoing communication and open lines between the different spheres of government.