The SA law reform commission has instituted an investigation into the mandates of the national and provincial departments of social development.<\/p>\n
In a statement, the Commission on Wednesday said the investigation was subsequent to a request by the national Department of Social Development.<\/p>\n
\u201cThe investigation [will look] into the mechanisms through which national and provincial governments departments involved in the welfare services sector manage their interdependence and cooperation,\u201d reads the statement.<\/p>\n
The Commission said this stems from incongruence between the department and its provincial counterparts about how social development mandates should be implemented. Added to this, there was a lack of statutory mechanism empowering the Minister of Social Development or the Department to ensure that decisions relating to this policy area are uniformly carried through. <\/p>\n
\u201cCentral to this inquiry therefore is the meaning of constitutional provisions regulating intergovernmental relations between the department and provincial departments responsible for welfare services; and most importantly, the efficacy of the Intergovernmental Relations Framework Act 13 of 2005 intended to promote synergy between national and provincial governments,\u201d said the Commission.<\/p>\n
The investigation, they added, will seek to determine if whether the regulation is deficient in any way and if it is, how that deficiency should be addressed. <\/p>\n
As is customary, the Commission has resolved to elicit inputs from interested parties in respect of issues raised in this inquiry.<\/p>\n
To that end, the Commission has published an issue paper setting out these issues, the exposition of the law and international best practices to serve as basis for deliberations.<\/p>\n
Interested parties are requested to submit written submissions, representations and\/or comments to the commission and mark them for the attention of Fanyana Mdumbe by 30 July 2021.<\/p>\n