INFRASTRUCTURE DELIVERY IMPROVEMENT PROGRAMME

 

PRINCIPLES OF COOPERATIVE GOVERNANCE

The constitution of South Africa (Act 108 of 1996) assumes devolution of powers to cascading levels of responsibility down and across the governance chain. In other words, one of the foundations of our constitution assumes that individual departments will proactively cooperate with other departments to deliver an integrated service, even if some of their duties are not strictly their own responsibility. This requires a mature degree of cooperation so as to avoid complex and tedious legislation to force cooperation. The following are some of the key pieces of legislation that govern infrastructure: 

  • Constitution of the Republic of South Africa, 1996
  • Public finance Management Act, 1999
  • Government immovable Asset Management Act (GIAMA), 2007
  • Intergovermental Relations Framework Act, 2005 
  • Constitution Industry Development Board Act, 2000 
  • Division of Revenue Act, (Published annually) 
  • Legislation applicable to Municipalities
      

King III Public sector guide

The third king report on governance for South Africa 2009 was released on 1 September 2009. It provides for a good governance code of practice for both public as well as private institutions. Consequently, departments are required to comply to the code as well.

The king code of corporate practices and conduct 2002 (King II) saw only limited adoption in government and the public services. In contrast, the provisions of King III are specifically intended to be "applied or explained" within all economic sectors, including the public sector.

The third king report on governance for South Africa 2009 was released on 1 September 2009. It provides for a good governance code of practice for both public as well as private institutions. Consequently, departments are required to comply to the code as well.

The king code of corporate practices and conduct 2002 (King II) saw only limited adoption in government and the public services. In contrast, the provisions of King III are specifically intended to be "applied or explained" within all economic sectors, including the public sector.

The following lists key issues in the code that will assist departments in fulfilling their obligations of good governance as detailed in the King III Report:

  • The code is founded on principles of self-regulation.
  • Good governance is essentially about effective leadership.
  • Sustainability is now the primary moral and economic imperative and it is one of the most important sources of both opportunities and risks for business.
  • Innovation, fairness, and collaboration are the key aspects of any transition to sustainability. 
  • Social transformation and redress is important and needs to be integrated within the broader transition to sustainability. 
  • King III has opted for an "apply or explain" governance framework. 
  • In contrast to King I and King II, King III applies to all entities regardless of the manner and form of their incorporation or establishment.