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Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005)

Chapter 4 : Settlement of Intergovernmental Disputes

40. Duty to avoid intergovernmental disputes

 

1) All organs of state must make every reasonable effort—
a) to avoid intergovernmental disputes when exercising their statutory powers or performing their statutory functions; and
b) to settle intergovernmental disputes without resorting to judicial proceedings.

 

2) Any formal agreement between two or more organs of state in different governments regulating the exercise of statutory powers or performance of statutory functions, including any implementation protocol or agency agreement, must include dispute-settlement mechanisms or procedures that are appropriate to the nature of the agreement and the matters that are likely to become the subject of a dispute.