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

Chapter 1 : Interpretation, Application and Object of Act

1. Interpretation
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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.