In 2005, the Inter-governmental Relations Framework Act was passed to ensure that the principles in Chapter 3 of the Constitution on co-operative government are implemented. The Act seeks to set up mechanisms to coordinate the work of all spheres of government in providing services, alleviating poverty and promoting development. The Act also establishes a line of communication that goes from municipalities to the provinces and directly to the Presidency.

NATIONAL INTER-GOVERNMENTAL STRUCTURES

The President’s Coordinating Council (PCC) is the main coordinating body at national level. It consists of the president, the deputy president, key ministers, premiers and the South African Local Government Association (SALGA). The PCC meets regularly to oversee the implementation of national policies and legislation, and to ensure that national, provincial and local development strategies are aligned to each other.

At national level, each department has an inter-governmental forum where ministers meet with provincial MECs and SALGA. These forums are called MinMECs and are also attended by heads of departments. The purpose of MinMECs is to consult, coordinate implement and align programmes at national and provincial level.

PROVINCIAL INTER-GOVERNMENTAL STRUCTURES

The premier in each province is responsible for coordinating relationships between national, provincial and local government in the province. A Premier’s Inter-governmental Forum (PIF) consists of the premier, the provincial MEC for local government, other MECs, metro and district mayors and other mayors where necessary. Provinces use different names for these forums. The PIF meets regularly and consults on broad development in the province, as well as on the implementation of national and provincial policy and legislation. It also seeks to coordinate the alignment of provincial and municipal development planning and strategic planning. The PIF reports through the premier to the PCC.

Further optional forums can be established by the premier. In Western Cape, for example there is a Metro Inter-governmental Forum (MIF) where the provincial cabinet meets with the Cape Town mayoral committee regularly. The reason for this is that around 70% of the provincial population lives in the metro, and most of the economic and urban development is taking place in that area. There is therefore a huge overlap between the metro’s budget and responsibilities and those of the province.

Inter-governmental forums may also be established at district level, where they would consist of the district mayor and local council mayors. Most of the inter-governmental structures are supported by senior management in the public service and in local government. At times, they will meet separately to prepare for the inter-governmental meetings. The Act provides for technical support structures

to be established. Every inter-governmental structure must adopt its own rules to govern internal procedures. Further inter-provincial or inter-municipal forums can also be established where necessary.

JOINT IMPLEMENTATION AND DISPUTES

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 cooperative government, as contained in the Constitution, to be respected and observed by all spheres of government. Different spheres of government shouldn’t take each other to court. The Inter-governmental Relations Act has been set up to facilitate cooperation 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 the Premier’s Inter-governmental Forum (PIF) – regular contact is necessary to ensure that development is coordinated and fast-tracked and that obstacles are removed where they impede delivery. This requires ongoing communication and open lines between the different spheres of government.