Governance Inter Governmental Relations and International Relations
Intergovernmental Relations (Advocacy and Lobbying)
In order for local government to participate effectively in intergovernmental relations, it needs to act as a collective, through an organised local government structure. Section 163 of the Constitution, recognises organised local government as the legitimate voice for local government and affords it representation in key national institutions. The section further provides that an Act of Parliament must cater for the recognition of national and provincial organisations representing municipalities, and determine procedures by which local government may consult the national and provincial government, designate representatives to participate in the National Council of Province (NCOP) and nominate persons to the Financial and Fiscal Commission (FFC).
Focus
In line with its constitutionally defined mandate, SALGA has therefore set out its IGR role to:
- represent, promote and protect the interests of local government;
- transform local government to enable it to fulfil its developmental role;
- enhance the role of provincial local government associations as provincial representatives and consultative bodies on local government;
- be recognised by national and provincial governments to be the national representative of local government and consultative body in respect of all matters concerning local government; and
- raise the profile of local government.
As the representative body of local government, the focus of SALGA’s participation in IGR structures is and must be to optimise local government participation in key national and provincial structures and thereby to position local government at the centre of our cooperative and developmental governance system. SALGA participates in intergovernmental structures and are thereby able to influence national and provincial legislation and to gauge the impact of such legislation on local government.
The IGR portfolio has as its key focus to position local government at the centre of cooperative government and development approaches and enhance and maintain the high profile of SALGA locally and regionally. It also seeks to optimise local government’s participation/ voice in key national and provincial structures.
Ensure participation and engagement in all policy and legislative processes (mandated IGR structures)
- representation of SALGA in IGR Structures with clear mandated positions developed and councillor representation in place;
Participation in Policy Review processes
- Green Paper on Cooperative Governance
- National Planning Commission - Policy Framework for Planning;
Provide direction on Outcomes Based Approach and Delivery Agreement for Outcome 9 as an intergovernmental tool to improve service delivery;
Review of Organised Local Government (Governance Framework of SALGA)
- Reviewing the Mandating, Reporting and IGR Representation Frameworks of SALGA to enhance its profile locally and regionally.
Finally, the IGR unit is tasked with establishing and maintaining strategic relations with key departments and institutions such as the CoGTA, Presidency, Human Settlements, DBSA and the like.
Key IGR Structures
The IGR Framework Act makes specific provision for organised local government’s participation in both national and provincial IGR structures. They participate in intergovernmental structures and are therefore able to influence national and provincial legislation and to gauge the impact of such legislation on local government. Section 3 of the Local Government: Municipal Systems Act, builds on the role of organised local government and provides that for the purpose of effective co-operative government, organised local government must seek to
(a) develop common approaches for local government as a distinct sphere of government;
(b) enhance co-operation, mutual assistance and sharing of resources among municipalities;
(c) find solutions for problems relating to local government generally; and
(d) facilitate compliance with the principles of co-operative government and intergovernmental relations.
SALGA performs two distinct roles within the intergovernmental system. First, on a vertical level, SALGA interacts as representative of local government with provincial and national government. Second, SALGA performs on a horizontal level an integrating function in relation to its members, the municipalities. In performing this role, SALGA has a unique and unenviable responsibility. It has to secure cohesion and general consensus across most of the 283 municipalities of different categories, types, sizes, political complexion and financial strength. These municipalities, moreover, are undergoing major transformation.
SALGA participates in a large number of structures of both a political and technical nature. In total, SALGA participates, inter alia, in executive structures with impact on local government, portfolio committees of Parliament, portfolio committees of the National Council of Provinces and the committees within the structures of the nine Provinces.
Local Government Budget Forum
- The Forum is a body where the three spheres consult on any fiscal, budgetary or financial matter affecting LG, any proposed legislation or policy which has a financial implication for LG, or any matter concerning the financial management or the monitoring of the finances of LG.
- Legislation requires the Minister of Finance to convene the Local Government Budget Forum at least once a year.
- The Forum is attended by 5 representatives from SALGA national and one representative from each of the 9 SALGA provincial offices.
- SALGA therefore has a total of 14 members representing the interests of LG in the Forum.
Cabinet Makgotla
- In 2005, Cabinet Makgotla was extended to include SALGA representatives
- Attended by Cabinet members, Deputy Ministers, Premiers, national and provincial DGs, advisors in The Presidency and office-bearers (Chairperson and Deputy Chairpersons) of SALGA, as well as the CEO of SALGA.
- The Cabinet makgotla decides on policy actions and projects to be undertaken during the calendar year and reviews the implementation of the government's Programme of Action.
- The content and outcomes of these deliberations are articulated by the President in the annual State of the Nation Address.
President’s Coordinating Council
- The PCC is a consultative forum for the President to raise matters of national interest with provincial governments and organised local government and to hear their views on those matters.
- Through the PCC the President is able to discuss performance in the provision of services in order to detect failures and to initiate preventive or corrective action when necessary; and to consider reports from other IGR forums on matters affecting the national interest.
- The PCC is chaired by the President and consists of the Deputy President, the Minister in the Presidency; the Minister for Provincial and Local Government, the Minister of Finance, the Minister of Public Service and Administration, the Premiers of the 9 provinces; and a municipal councillor designated by the SALGA national office (usually the Chairperson).
MinMECs
- Each MinMEC consists of the relevant national Minister, the Deputy Minister, the nine provincial MECs, and LG representatives (if the function is related to Schedule 4B and 5B of the Constitution).
- MinMECs are responsible for alignment and coordination within specific sectors. The aim is to improve co-ordination of activities within that functional area across the spheres of government.
Premier’s Coordinating Forums (PCFs)
- The PCF is a consultative forum for the Premier of a province and local governments in the province to discuss and consult on matters of mutual interest.
- The PIF consists of the Premier of the province who chairs and convenes the PIF; MECs; the mayors of district and metropolitan municipalities in the province; and a councillor designated by SALGA.
Forum of South African Directors General (FOSAD)
- The Forum of South African DGs (FOSAD) is the IGR forum in which national and provincial DGs meet to ensure co-ordination of policy making and implementation.
- The Governance and Administration Cluster of FOSAD would consider issues most relevant to local government.
Technical Support Structures
- MinMEC Technical Support Structures
- Premier’s Coordinating Forum Technical Support Structures
- District Coordinating Forum Technical Support Structures
- Any other technical support structure where Local Government is represented