Transcript EEHCStrategy - National Treasury

MANAGING INTERGOVERNMENTAL
RELATIONS
The Technical Assistance Unit of NT
In conjunction with the GCIS Project Desk
and the DPSA
7 DECEMBER 2005
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CONTENTS
 Constitutional Framework;
 Intergovernmental Relation in practice;
 Challenges and Tensions within
Intergovernmental Relations ;
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 Model Towards Unified State Action; and
 Constitutional and legislative imperatives
CONSTITUTIONAL FRAMEWORKS
Single Unitary State in Three Spheres;
Distinct, Inter-dependent and
Interrelated;
Principles of Co-operative Governance;
National Government: Policy-Making &
Oversight, setting national standards &
norms;
Provincial Govt: Administer Social Services
Local Govt: Deliver Basic Services & Local
Economic Development
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Intergovernmental Relations in
Practice
 CORE BUSINESS OF GOVERNMENT
 Managing Priority-Setting;
 Managing Policy Formulation;
 Managing Implementation and Service
Delivery;
 Monitoring and Evaluation;
 Managing Dispute and Interventions
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Challenges and Tensions within
Intergovernmental Relations System

Current reality:
 Implications:
1.
Ten Year Review assesses
successes in past decade
and the need to improve
implementation capability
Intergovernmental relations
has evolved over ten years
System is largely informal
Self-regulatory system
impacts on the capability of
Government to accelerate
service provision
Best practice has emerged
and should be consolidated
1. Informality means
intergovernmental relations
can become discretionary
2. Lack of certainty about
inclusion of local government
3. “Joint” decision-trap (risk of
proliferation of institutions
without clear purpose –
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hampers performance)
4. High transaction costs of
coordination
5. Weak geographic and spatial
targeting (integrating
outcomes)
2.
3.
4.
5.
Challenges and Tensions within
Intergovernmental Relations System
3. Accountability for Performance and Budget
Control (relies on the budget to
coordinate intersectoral policy issues)
4. Integrated Governance; ( Stronger forms of
collaboration and emphasis on a unified state action
across spheres)
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 Key challenge how to balance and manage
competing tendencies built into the Three
Spheres System of Government;
Challenges For Next Decade
 Ten Year Review
 A coincidence between weak state capacity and
poverty is a barrier to the poor accessing
services provided by government;
Whether asymmetric allocation of responsibility
should be considered where capacity exist at
local government sphere;
 Improvement of performance of the State;
(greater attention being on implementation)
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Challenges For Next Decade
 Two Parallel Economies
 First Economy
 Modern/ Highly developed
 Produces bulk of our countries wealth;
 Is integrated within global economy;
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 Is resilient and sustainable
Challenges For Next Decade
 Second Economy
 Poor and Underdeveloped;
 Incorporates poorest of our rural and urban
poor;
 Contains big % of our population;
 Is structural disconnected from both first and
global economy;
 Is incapable of self-generated growth and
development;
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Model Towards Unified State Action
 One Government for SA, in three sphere
facing the same problems of development;
Redressing poverty, underdevelopment and
marginalisation is a National Task
To a community it is irrelevant which sphere
provides a service;
Poverty resides in communities;
Municipalities are shared spaces for all spheres;
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Challenges For the State
How to achieve a national vision in
practice given the relative autonomy of
each sphere of government in critical
areas of social delivery?
Objectives of intergovernmental relations
system is to cooperate and collaborate
within and across spheres, as a means to
achieving a more coherent public policy
and more effective service delivery;
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Examples of IGR Development
Agreements
 National Priority: “Job Creation” (skills
development programme, land tenure and provide games)
 Provincial Expression: “Growing Eco-Tourism
Sector” (promote tourism, vet services and transport)
 Local Expression: “Shift from cattle farming
to game farming” (appropriate infrastructure, lay in
water and electricity etc)
-
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All spheres will play different roles in
realisastion of this priority within their
jurisdictions;
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What model addresses
A more structured and spatially targeted way to
deal with real issues of development in actual
communities;
 All spheres entering into IGR Development
Agreements/Partnerships that commits three
spheres to national development targets in each
of the 53 District and Metropolitan Municipalities
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Constitutional and Legislative
Imperatives
Chapter three of the Constitution – provides
guiding principles and values;{section 41(1)}
Section 154 (1) National & Provincial must
support and strengthen capacity of
municipalities to perform their functions
Section 41(2) requirement for IGR Act
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Other legislations, e.g. MSA,MTEF,DORA,MFMA
Non-negotiable, obligatory and apply equally to
all spheres of government
Overview of chapters
 Chapter One: Interpretation, Application and
Object of Act
 Chapter Two: Intergovernmental structures
 Chapter Three: Conduct of Intergovernmental
Relations
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 Chapter Four: Resolution of intergovernmental
disputes
 Chapter Five: Miscellaneous
Object of the Act
To facilitate co-ordination in the implementation
of policy and legislation, including:
Coherent government;
Effective provision of services;
Monitoring implementation of policy and
legislation; and
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Realisation of national priorities
Promoting object of the Act
1. All spheres of government must seek to
achieve object of the Act, by:
 Taking into account circumstances, material interest
and budget of other government, when performing
their functions;
 Consulting other affected organs of state through
direct contact or through any relevant IGR structures;
 Co-ordinating their actions when implementing policy
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and legislation affecting other government;
 Avoiding unnecessary and wasteful duplication or
jurisdictional contest/turfs;
 Support and build capacity, share information and
consult other affected governments; and
 Participate in IGR structures
Intergovernmental Structures
1. (i) President’s Coordinating Council,
(ii)National Intergovernmental Forums,
(iii)Premiers Intergovernmental fora,
(iv)District Intergovernmental Forums, and
certain other structures
2. Defines primary purpose of each institution
3. Streamlined system of executive coordination
and consultation
4. Structural focus on implementation of key
priorities and performance
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Chapter Three: Conduct of
intergovernmental relations
1. Defines roles and responsibilities for
intergovernmental relations
2. Chapter also provides for flexible
implementation protocols to assist the division
of responsibilities between spheres in key
areas of national priority in spatially integrated
ways
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Chapter Four: Resolution of
intergovernmental disputes
1.
2.
Organs of State must seek to resolve own disputes
without resorting to judicial proceedings (reasonable
effort)
Default measure (Chapter does not apply if other
Act applies)
3.
Compliance with procedures mandatory
4.
Non-compliance precludes court action
5.
Facilitation role for Minister of Provincial and Local
Government or MEC for Local Government
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Chapter Five: Miscellaneous
1. Main purpose of chapter is to provide for
reporting, regulation and other incidental
matters
2. Ministerial Report to Parliament in both Houses
with regard to, inter alia:
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 General conduct of IGR in Republic
 Incidence and Resolution of Intergovernmental
Disputes
THANK YOU
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