Implications of intergovernmental relations for the Department of Human Settlements : an evaluation of the institutional arrangements and forums

Abstract

The South African intergovernmental relations system is established and founded on the principles of cooperative government as set out in the Constitution of the Republic of South Africa, 1996. Due to the relations between intergovernmental bodies being dynamic, complex, interactive and interdependent, the Constitution provided the establishment of structures and institutions to promote and facilitate intergovernmental relations and provide for appropriate mechanisms and procedures to facilitate settlement of intergovernmental disputes. The core research objective of the study is the analysis of the intergovernmental relations environment within the Department of Human Settlements and the functionality of the Committee of Minister and the Members of the Executive Council and the Technical MinMec, the Committee of the Director-General and the Provincial Heads of Human Settlements, as the highest formal IGR structures for the objectives against which it was established. These objectives include raising matters of national interest related to human settlements with provincial governments and, if appropriate, organised local government, as well as to hear their views on those matters; to consult provincial governments and, if appropriate, organised local government on the development of national policy and legislation relating to matters affecting human settlements. The research methodology employed in the study is a qualitative approach and the method of data tool used is the interviews. The study establishes that the Human Settlements MinMec and its supporting structure the Technical MinMec are yet to have in place and adopt rules to govern the Committee?s proceedings as is required by the IGRF Act; in terms of the institutional arrangements the study establishes that the Department of Human Settlements is not properly structured to reap the anticipated benefits of coordination; and the voice of organised local government is missing in the MinMec forum partly because there is no appreciation of the statutory requirement of its presence at MinMec. The IGRF Act however, provides that organised local government is entitled to participate through a representative with full speaking rights where the relevant matter is discussed. The study recommends that the MinMec and Technical MinMec Committees adopt rules to govern their proceedings and the rules be in accordance with the specifications of Section 33 of the IGRF Act. The study also recommends that the voice of organised local government is strengthened in line with IGRF Act and that in terms of the institutional arrangements; the Intergovernmental Relations Unit is capacitated on a progressive basis and that activities related to intergovernmental relations be coordinated more efficiently in order to reap the anticipated benefits of coordination.