Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005)Chapter 1 : Interpretation, Application and Object of Act1. Interpretation |
1) | In this Act, unless the context indicates otherwise— |
‘‘consultation’’
means a process whereby the views of another on a specific matter are solicited, either orally or in writing, and considered;
‘‘Council’’
means the President’s Co-ordinating Council established by section 6;
‘‘district’’
means the area of jurisdiction of a district municipality;
‘‘government’’
means—
a) | the national government; |
b) | a provincial government; or |
c) | a local government; |
‘‘implementation protocol’’
means an agreement between organs of state in terms of section 35;
‘‘intergovernmental dispute’’
means a dispute between different governments or between organs of state from different governments concerning a matter—
a) | arising from— |
i) | a statutory power or function assigned to any of the parties; or |
ii) | an agreement between the parties regarding the implementation of a statutory power or function; and |
b) | which is justiciable in a court of law, |
and includes any dispute between the parties regarding a related matter;
‘‘intergovernmental forum’’
means—
a) | the President’s Co-ordinating Council; |
b) | a national intergovernmental forum established or regarded as having been established in terms of section 9; |
c) | a Premier’s intergovernmental forum established by section 16; |
d) | any other provincial intergovernmental forum established in terms of section 21; |
e) | an interprovincial forum established in terms of section 22; |
f) | a district intergovernmental forum established by section 24; or |
g) | an intermunicipality forum established in terms of section 28; |
‘‘intergovernmental relations’’
means relationships that arise between different governments or between organs of state from different governments in the conduct of their affairs;
‘‘intergovernmental structure’’
means-
a) | an intergovernmental forum; or |
b) | an intergovernmental technical support structure; |
‘‘intergovernmental technical support structure’’
means a structure established in terms of section 30;
‘‘local government’’
means a municipality, and includes-
a) | all municipal entities under the sole or shared control of the municipality within the meaning of the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003); and |
b) | all organs of state in that municipality or such municipal entity; |
‘‘mayor’’
in respect of the different types of municipalities, means-
a) | a mayor elected in terms of section 48 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998); |
b) | an executive mayor elected in terms of section 55 of the Local Government: Municipal Structures Act, 1998; or |
c) | a speaker who is called a mayor in terms of section 36(5) of the Local Government: Municipal Structures Act, 1998; |
‘‘MEC for local government’’
means the member of a provincial Executive Council who is responsible for local government matters in the province;
‘‘Minister’’
means the Cabinet member responsible for provincial and local government;
‘‘Minmec’’
means a standing intergovernmental body consisting of at least a Cabinet member and members of the provincial Executive Councils responsible for functional areas similar to those of the Cabinet member;
‘‘municipal entity’’
has the meaning assigned to it in section 1 of the Municipal Systems Act, and includes any corporate body regarded as a municipal entity in terms of section 31(2) of the Local Government: Municipal Systems Amendment Act, 2003 (Act No. 44 of 2003);
‘‘municipality’’
a) | when referred to as a corporate body, means a municipality as described in section 2 of the Municipal Systems Act; or |
b) | when referred to as a geographic area, means a municipal area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998); |
‘‘municipal organ of state’’
means an organ of state in a municipality or a municipal entity;
‘‘Municipal Systems Act’’
means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);
‘‘national government’’
means the national executive established by Chapter 5 of the Constitution, and includes all national organs of state;
‘‘national organ of state’’
means an organ of state in the national sphere of government;
‘‘organised local government’’
a) | means the national organisation recognised by the Minister in terms of the Organised Local Government Act, 1997 (Act No. 52 of 1997); or |
b) | in relation to a provincial intergovernmental forum, means provincial organisation recognised by the Minister in terms of that Act for the relevant province; |
‘‘organ of state’’
means an organ of state as defined in section 239 of the Constitution, excluding those listed in section 2(2);
‘‘provincial government’’
means the provincial executive established by Chapter 6 of the Constitution for each province, and includes all provincial organs of state in that province;
‘‘provincial organ of state’’
means an organ of state in the provincial sphere of government;
‘‘statutory function’’
means a function assigned by—
a) | the Constitution or legislation; or |
b) | an agreement or other instrument emanating from the Constitution or legislation; |
‘‘statutory power’’
means a power conferred by—
a) | the Constitution or legislation; or |
b) | an agreement or other instrument emanating from the Constitution or legislation. |
2) | In this Act, a word or expression derived from a word or expression defined in subsection (1) has a corresponding meaning unless the context indicates that another meaning is intended. |