Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005) Notices Implementation Protocol Guidelines and Guidelines for Managing Joint Programmes Guidelines Chapter 1 : Interpretation, Purpose and Application of these Guidelines 1. Interpretation

 

 

"arbitration", in relation to an intergovernmental dispute, means a process by which a facilitator hears the respective cases of the organs of state involved in the dispute and then makes a final and binding determination of the dispute;

 

"conciliation", in relation to an intergovemmental dispute, means a consensus-building process by which a facilitator assists the organs of state involved in the dispute to reach an agreement by providing a recommendation or advice;

 

"coordinating department", in relation to a joint programme, means the department that regulates and coordinates the planning and implementation of a joint programme;

 

"department" means a national or provincial department as defined in section 1 of the Public Finance Management Act;

 

"dispute resolution process", in relation to an intergovernmental dispute, means a formal process other than judicial proceedings aimed at resolving the dispute, and includes -

 

"dispute settlement manager" means an official designated as dispute settlement manager as proposed in terms of clause 7;

 

"executive authority" means an executive authority as defined in section 1 of the Public Finance Management Act;

 

"facilitator" means a person designated as facilitator in terms of section 42(1)(d), section 42(5) or section 44(2) of the Act to assist the parties to a formal intergovernmental dispute to settle the dispute;

 

"formal intergovernmental dispute" means a dispute between organs of state from different spheres of government which has formally been declared as such in terms of section 41 of the Act;

 

"government business enterprise" means a national or provincial government business enterprise as defined in section 1 of the Public Finance Management Act;

 

"Intergovernmental Relations Framework Act" means the Intergovernmental Relations Framework Act, 2005 (Act No. 13 of 2005);

 

"joint programme" means a national development priority, the planning and implementation of which requires the involvement of various organs of state either within a particular sphere of government, or in different spheres of government;

 

"joint programme manager", in relation to a joint programme means a person appointed in terms of clause 7;

 

"joint programme steering committee" means a committee established in terms of clause 8;

 

"municipality" means a municipality established in terms of the Local Government: Municipal Structures Act, 1998 (Act No. 11 7 of 1998);

 

"municipal entity" means a municipal entity as defined in section 1 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);

 

"organ of state" means an organ of state as defined in section 239 of the Constitution;

 

"partnering protocol", in relation to a joint programme, means an agreement entered into in terms of clause 14 by the executive authorities of sector departments involved in the implementation of a joint programme;

 

"Public Finance Management Act" means the Public Finance Management Act, 1999 (Act No 1 of 1999);

 

"sector department" means the department that is responsible for a sector which is involved in the implementation of a joint programme;

 

"strategic plan" in relation to a national or provincial department, means a strategic plan referred to in section 15 of the Public Finance Management Act.