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

 

 

Notice No. 825

15 August 2005

(English text signed by the President.)

(Assented to 10 August 2005.)

 

It is hereby notified that the President has assented to the following Act, which is hereby published for general information:—

 

To establish a framework for the national government, provincial governments and local governments to promote and facilitate intergovernmental relations; to provide for mechanisms and procedures to facilitate the settlement of intergovernmental disputes; and to provide for matters connected therewith.

 

 

PREAMBLE

 

WHEREAS government in the Republic is constituted as national, provincial and local spheres of government which are distinctive, interdependent and interrelated;

 

AND WHEREAS all spheres of government must provide effective, efficient, transparent, accountable and coherent government for the Republic to secure the well-being of the people and the progressive realisation of their constitutional rights;

 

AND WHEREAS one of the most pervasive challenges facing our country as a developmental state is the need for government to redress poverty, underdevelopment, marginalisation of people and communities and other legacies of apartheid and discrimination;

 

AND WHEREAS this challenge is best addressed through a concerted effort by government in all spheres to work together and to integrate as far as possible their actions in the provision of services, the alleviation of poverty and the development of our people and our country;

 

AND WHEREAS co-operation and the integration of actions in government depends on a stable and effective system of governance for regulating the conduct of relations and the settlement of disputes between the national government, provincial governments and local governments;

 

AND WHEREAS section 41(2) of the Constitution requires an Act of Parliament—

a) to establish or provide for structures and institutions to promote and facilitate intergovernmental relations; and
b) to provide for appropriate mechanisms and procedures to facilitate the settlement of intergovernmental disputes;

 

AND WHEREAS various Acts of Parliament already give expression to section 41(2) in some sectors of government;

 

AND WHEREAS it is necessary to establish a general legislative framework applicable to all spheres and in all sectors of government to ensure the conduct of intergovernmental relations in the spirit of the Constitution;

 

BE IT THEREFORE ENACTED by the Parliament of the Republic of South Africa, as follows: