Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005)Chapter 3 : Conduct of Intergovernmental Relations35. Implementation protocols |
| 1) | Where the implementation of a policy, the exercise of a statutory power, the performance of a statutory function or the provision of a service depends on the participation of organs of state in different governments, those organs of state must co-ordinate their actions in such a manner as may be appropriate or required in the circumstances, and may do so by entering into an implementation protocol. |
| 2) | 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. |
| 3) | An implementation protocol must— |
| a) | identify any challenges facing the implementation of the policy, the exercise of the statutory power, the performance of the statutory function or the provision of the service and state how these challenges are to be addressed; |
| b) | describe the roles and responsibilities of each organ of state in implementing policy, exercising the statutory power, performing the statutory function or providing the service; |
| c) | give an outline of the priorities, aims and desired outcomes; |
| d) | determine indicators to measure the effective implementation of the protocol; |
| e) | provide for oversight mechanisms and procedures for monitoring the effective implementation of the protocol; |
| f) | determine the required and available resources to implement the protocol and the resources to be contributed by each organ of state with respect to the roles and responsibilities allocated to it; |
| g) | provide for dispute-settlement procedures and mechanisms should disputes arise in the implementation of the protocol; |
| h) | determine the duration of the protocol; and |
| i) | include any other matters on which the parties may agree. |
| 4) | An implementation protocol must be— |
| a) | consistent with any provisions of the Constitution or national legislation applicable to the relevant policy, power, function or service; and |
| b) | in writing and signed by the parties. |
| 5) | Any organ of state may initiate the process for the conclusion of an implementation protocol after consultation with the other affected organs of state. |
| 6) | The implementation of the protocol may be co-ordinated by an appropriate intergovernmental forum. |