3rd Annual Road Safety Conference 2006 Creating an IGR

3rd Annual Road Safety Conference 2006 Creating an IGR Roadmap for Road Safety 30 October 2006 IGR Roadmap presentations 1. The Role of IGR in Promoting Cohesive Government 2. Integrated Planning: Sector Engagement in the IDP 3. Cross-cutting issues in Road Safety 4. Road Safety Stakeholder Management 5. Guidelines for Coordinated Activity The role of IGR in promoting cohesive government 30 October 2006 3rd African Road Safety Conference 2006 Contents: 1. 2. 3. 4. 5. 6. 7. Global Intergovernmental Agendas The Constitutional principles for IGR The IGRF Act The IGR Forums The Conduct of IGR Settlement of Disputes Monitoring and Reporting 4 Intergovernmental alignment: a global view The National Strategy for Sustainable Development (NSSD) is a Framework for Sustainable Development in South Africa. This Strategy is South Africa’s response to the need for national plans to articulate how that nation will reach the Millennium Development Goals (MDGs) Safe and efficient public transport (p 83) Priority areas for strategic intervention include the creation of sustainable human settlements (SHS) ‘where neighborhoods are created where people can walk or cycle to work in conditions of better road safety’. Therefore this sub para for SHS recommends significant increases in safe and efficient public transportation In line with current thinking at national, provincial and local level, a consistent commitment to investing in public transport systems will, over the medium - to long-term, contribute significantly to all three areas of sustainability. Note the policy implications for Road Safety interventions 5 Intergovernmental alignment: a global view Towards Achieving Sustainable Growth and Development through Vision 2014 - United Nations Development Assistance Framework for South Africa, 2007 - 2010 This Vision refers to integrating UN support to South African government priorities. One key target, aligned to a health objective, is ‘to work with the rest of southern Africa to …reduce preventable causes of death, including violent crime and road accidents’ (p 10) Aligning policy to national and global development objectives builds consensus and intergovernmental cohesion 6 The SA Constitutional directive According to section 41(2), an Act of Parliament must establish or provide structures and institutions to promote and facilitate intergovernmental relations, provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes and provide for matters connected therewith. 7 The IGRF Act Intergovernmental Relations concerns the interaction of the different spheres of government, which are seen as distinctive, interdependent but interrelated. The act was passed on the 15th August 2005; its objectives are to promote and facilitate: Coherent governance Effective provision of services Monitoring and implementation of policy and legislation Realization of national priorities 8 The IGR Forums National IGR Forums  President’s Co-ordinating Council (PCC): a consultative forum for the President  Minister and Members of the Executive Council (MinMec): a consultative forum for the Minister responsible for a functional area – eg Dwaf, Deat, together with Provincial MECs. Provincial IGR Forums: to promote and facilitate IGR between a Province and its municipalities (Premiers Forums) Municipal IGR Forums: to promote and facilitate IGR between the DM and its local municipalities (Mayoral Forums) 9 INTERGOVERNMENTAL STRUCTURES Reporting lines to PCC S12(1)(2) & S20 PCC NIGRF PIGRF NSDP PGDP Planning Consultation President Minister Premier (LM Mayors) Mayor LM DIGRF IDP LM Technical Support Structures LM 14 Constitution – concurrent competence Schedule 4A Tourism other than int and national airports Health Public Airports Schedule 4B • Local tourism • Municipal airports • Municipal health services • Municipal public transport services Transport Schedule 5A province Abattoirs Provincial road and traffic Schedule 5B local • Municipal abattoirs • Municipal roads • Traffic and parking 11 Constitution – concurrent competence National and provincial governments have regulatory powers over Schedules 4B and 5B matters in terms of section 155(7) Constitution Inevitable overlap between functional areas due to unclear cut-off points Conflict - the extent and ambit of such regulatory powers (a) who does what? Task allocation (b) need to work together 12 Constitution – concurrent competence Mechanisms to deal with overlap/concurrent functions Institutions of co-operative government – IGR forums  Implementation protocols – clear allocation of tasks in common functional areas 13 The Conduct of IGR The Act provides for a mechanism for coordinated participation of different organs of state in service delivery - The Implementation Protocol To be considered by the organs of state when the implementation of a policy or services: • has been identified as a national priority • provides support to the local sphere and is critical in terms of coordinated action • demands coordinated activity across government • is constrained by lack of capacity 14 Settlement of Disputes In the exercise of their respective statutory powers and functions, organs of the state should make efforts to avoid IGR disputes and provide for mechanisms to resolves such disputes without resorting to Courts of Law 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 dispute must be included in formal agreements between two or three organs of the state. 15 Monitoring and Reporting Both houses of parliament are to receive an Annual Report from the Minister of Provincial and Local Government with regard to compliance with the provisions of the Act. In particular the report should focus on the following:  Institutionalization of IGR – functional structures General conduct of IGR in the Republic The incidence and resolution of IGR disputes Any other relevant matters 16 Commission exercises: C1. Discuss the meaning of alignment and propose a working definition; then, Propose an IGR process for Improving Road Safety Awareness Through Community Education in a given district C. 2 Discuss the meaning of cooperative government, and define the key elements; then, Map out an IGR process to Ensure a Safe Road Network for Road Users in a given Province C.3 Consider the definition of an Implementation Protocol, and then, Demonstrate how an IP could be used in a project to Reduce Road Fatality Rates 17 Thank you adelaidemo@dplg.gov.za 012 334 0848