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

Chapter 4 : Settlement of Intergovernmental Disputes

42. Consequences of declaring formal intergovernmental disputes

 

1) Once a formal intergovernmental dispute has been declared, the parties to the dispute must promptly convene a meeting between themselves, or their representatives—
a) to determine the nature of the dispute, including—
i) the precise issues that are in dispute; and
ii) any material issues which are not in dispute;
b) to identify any mechanisms or procedures, other than judicial proceedings, that are available to the parties to assist them in settling the dispute, including any mechanism or procedure provided for in legislation or any agreement between the parties;
c) to agree on an appropriate mechanism or procedure to settle the dispute, subject to subsection (2); and
d) to designate a person to act as facilitator.

 

2) Where a mechanism or procedure is specifically provided for in other legislation or in an agreement between the parties, the parties must make every reasonable effort to settle the dispute in terms of such mechanism or procedure.

 

3) If the parties to a dispute fail to convene a meeting in terms of subsection (1) the Minister may convene the meeting if—
a) a national organ of state is involved in the dispute;
b) the dispute is between different provinces or provincial organs of state from different provinces; or
c) the dispute is between organs of state from different governments that do not fall under paragraph (a) or (b) of this subsection or subsection (4).

 

4) If the parties to a dispute in a province fail to convene a meeting in terms of subsection (1) the MEC for local government in the province may convene the meeting if the dispute is—
a) between a provincial organ of state and a local government or a municipal organ of state in the province; or
b) between local governments or municipal organs of state from different local governments in the province.

 

5) If the parties fail to attend a meeting convened by the Minister or MEC or to designate a facilitator referred to in subsection (1)(d), the Minister or MEC may designate a facilitator on behalf of the parties.