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

Chapter 4 : Settlement of Intergovernmental Disputes

45. Judicial proceedings

 

1) No government or organ of state may institute judicial proceedings in order to settle an intergovernmental dispute unless the dispute has been declared a formal intergovernmental dispute in terms of section 41 and all efforts to settle the dispute in terms of this Chapter were unsuccessful.

 

2) All negotiations in terms of section 41, discussions in terms of section 42 and reports in terms of section 43 are privileged and may not be used in any judicial proceedings as evidence by or against any of the parties to an intergovernmental dispute.