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

Notices

Implementation Protocol Guidelines and Guidelines for Managing Joint Programmes

2. Purpose of the Guide

 

Section 35(2) of the IGR Act specifies that an implementation protocol must be considered when—

a) the implementation of the policy, the exercise of the statutory power, the performance of the statutory function or the provision of the service has been identified as a national priority;
b) an implementation protocol will materially assist the national government or a provincial government in complying with its constitutional obligations to support the local sphere of government or to build capacity in that sphere;
c) an implementation protocol will materially assist the organs of state participating in the provision of a service in a specific area to co-ordinate their actions in that area; or
d) an organ of state to which primary responsibility for the implementation of the policy, the exercise of the statutory power, the performance of the statutory function or the provision of the service has been assigned lacks the necessary capacity.

 

An implementation protocol may be considered to assist the national sphere of government with rendering support to the provincial sphere of government.

 

Section 35(3) of the IGR Act also specifies the aspects that must be covered in an implementation protocol. These aspects are incorporated into the Guide.

 

The Framework labelled joint programmes as having the following characteristics —

a) Programmes that require a cross-departmental involvement in the planning, budgeting and delivery of services.
b) A number of departments are often responsible for a specific aspect of the programme, but none is responsible for it in its entirety.
c) Programmes that require integration rather than mere coordination.

 

The purpose of the Guide is to consolidate the requirements in terms of the IGR Act and the Framework into a single document that could be practically applied when organs of state enter into an implementation protocol. The Guide is a generic tool that should be adapted for each protocol being prepared.

 

 

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¹ Organ of state means an organ of state as defined in section 239 of the Constitution.
² Spheres of Government means the National, Provincial and Local spheres of government.