MOOSA LAUNCH OF INTERGOVERNMENTAL RELATIONS

Issued by: The Department of Constitutional Development

The Department of Constitutional Development, in collaboration with the National Democratic Institute for International Affairs (NDI) has undertaken the publication of a series on intergovernmental relations. The purpose of these publications is to enhance public debate and promote research on the issue of intergovernmental relations.

The series is aimed at elected leaders, policy-makers and academics, covering experiences and practices in selected countries as well as South Africa. The publications highlight the importance of an effective intergovernmental relations system for government and should stimulate debate on policy and strategy initiatives as provided for in Chapter 3 of the Constitution of the Republic of South Africa of 1996.

The first publication in the series, an International Comparative Study on intergovernmental relations, was launched by Minister M. Valli Moosa, Minister for Provincial Affairs and Constitutional Development on 5 November 1998. This publication was completed with the assistance of NDI. For this project, the Department defined the research modular, framed the terms of reference, and selected the countries. The Department sought information from countries about which less information was available through the conventional academic and government channels and which have similarities to South Africa in respect to either political, economic, or social demographics, constitutional formulation, or ethic diversities. Six countries were selected, namely, Argentina, Brazil, Mexico, Spain, India, and Malaysia.

NDI's approach was to locate respected scholars or government officials in each country, requesting an analysis of the constitutional basis of the intergovernmental relations, structures or practices, and a brief case study by way of illustration. Contributors for this project needed to provide sustained assistance as an advisory panel to the Department of Constitutional Development.

To contextualise the research, NDI entered a formal partnership with the School of Government at the University of the Western Cape. In addition, Dr Ronald Watts, head of the Institute for Intergovernmental Relations at Queen's University - Canada, agreed to guide the research and analysis. He has also worked with NDI as a technical advisor to the Department. The substantive international material in this volume was therefore made uniquely accessible and pertinent because it was placed in context by an international expert and South African scholar and institution well qualified to focus the information for a South African perspective.

Certain themes have been highlighted:

• The importance of political parties and the "political aspect" of intergovernmental relations.
• The existence of national override power and the concept of "imposed co-ordination".
• The role of the Supreme or Constitutional Court in ultimate conflict resolution.
• The constitutional derivation for the context of relations between spheres.
• The practical importance of local government and its effectiveness in IGR.
• The importance of processes for regular adjustment of financial arrangements.

Publication in the series include the following:

• An International Comparative Analysis on Intergovernmental Relations.
• Report on the Dr Ronald Watts consultations.
• European study report on Co-operative Government and Intergovernmental Relations.
• Canadian study report.
• Departmental discussion document on Intergovernmental Relations.

Issued by the Department of Constitutional Development on 5 November 1998

For more information contact: Mr Daan de Klerk (Department of Constitutional Development) at (012) 334 0600 or 0824495842 or Ms Urshula Lottering (NDI) at (011) 403 8956 or 082 7745965