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1 September 2008

The Office of the Western Cape Premier has received a copy of the judgment handed down today in respect of the Erasmus Commission.

Breakdowns of intergovernmental co-operation are unacceptable. They lead to duplications of functions and spending, and undermine co-ordinated and efficient service delivery.

All the Western Cape MECs have been instructed to produce written reports within ten days identifying the issues and challenges that may exist in their departments with respect to intergovernmental co-operation and proposed solutions.

Since my appointment as Premier of the Western Cape I have avoided commenting on the subject of intergovernmental co-operation. I did not want to be seen to be influencing the outcome of the application to court challenging the legality of the appointment of the Erasmus Commission.

It has not been easy to maintain silence on the matter because there has been a damaging breakdown of intergovernmental co-operation between the provincial government of the Western Cape and the City of Cape Town.

I am aware that there has been excellent co-operation in some functions, for example, with respect to preparations for 2010 and the management of disasters and internally displaced persons.

But it is no secret that there are problems in respect of other key functions, including transport, economic affairs, community safety and tourism, amongst others. The city has withdrawn its funding from Cape Town Routes Unlimited and declined to agree to the appointment of new members of the Wesgro Board.

It has been clear from all my interactions with labour, business and civic organisations over the past month that ordinary people neither understand why breakdowns in intergovernmental co-operation are necessary or should be allowed to undermine government work. This is especially so when it comes to fighting poverty and creating jobs.

There can be no coherent argument for go it alone strategies by any sphere of government.

The Western Cape Provincial Government fully respects the decision of Pietermaritzburg High Court Judges Chris Nicholson and Kevin Swain in the matter of the Erasmus Commission. The provincial government will ensure it abides by their decision in every respect.

We note that the decision does not preclude the prosecution of individuals who may have broken the law with respect to matters that were to have been investigated by the Erasmus Commission. This is a matter for the South African Police Service (SAPS), prosecutors and the courts.

The Constitution of the Republic of South Africa provides a framework for the division of powers and responsibilities between spheres of government. It also provides for a mechanism to solve intractable problems, the Inter-governmental Relations Framework.

The Western Cape Provincial Government will invoke the provisions of this framework where it is impossible to secure co-operation.

The province must ensure that the Constitution is upheld, in the best interests of all citizens of the city and province.

Once the Premier has carefully studied the judgment she may wish to make further statements on the matter.

For more information:
Ms An Wentzel
Cell: 072 336 6385

Issued by: Office of the Premier, Western Cape Provincial Government
1 September 2008