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

Chapter 5 : Miscellaneous

47. Regulations and guidelines

 

1) The Minister may, by notice in the Gazette, issue regulations or guidelines not inconsistent with this Act regarding—
a) any matter that may be prescribed in terms of this Act;
b) a framework for co-ordinating and aligning development priorities and objectives between the three spheres of government;
c) a framework for co-ordinating intergovernmental conduct and action affecting municipal functions;
e) indicators for monitoring and evaluating the implementation of this Act; and
f) any other matter that may facilitate the administration of this Act.

 

2) A regulation or guideline in terms of this section may differentiate between different—
a) municipalities, which may, for the purpose of this section, be defined either in relation to categories, types or budgetary size of municipalities or in any other determinable manner;
b) functional areas; and
c) types of intergovernmental structures established under this Act.

 

3) No guidelines issued in terms of subsection (1) are binding on an organ of state in any sphere of government unless adopted by its executive authority.

 

4) Before regulations or guidelines are issued in terms of subsection (1), the Minister must—
a) publish the draft regulations or guidelines in the Gazette for public comment; and
b) engage in an appropriate consultative process with relevant organs of state on the substance of the regulations or guidelines.