90
No. 37261
1
GOVERNMENT GAZETTE, 24 JANUARY 2014
Chapter 12: INSTITUTIONAL ARRANGEMENTS
12.1 Roles and Responsibilities & Institutional Arrangements
12.1.1 Policy, Regulation and Service Provision
Policy making for a fast-paced sector requires a number of balances to ensure that the
activities of different players are coordinated towards achieving definite ends. The roles and
responsibilities of these different players are defined in current policy and legislation and are
intertwined, requiring the different institutions to act in collaboration to achieve specific policy
objectives outlined in the various laws governing the sector.
This section examines the roles and activities of the different public authorities at each stage
of policy making and its execution. It identifies policy gaps and asks questions about further
measures that could be included in the implementation of policies, laws and regulations.
12.1.2 Sharing of responsibilities
There are four responsibilities to be shared in line with the policy frameworks that have been
put in place. The first is the responsibility to define the final goals to be achieved in the
interest of citizens. Government, which produces national policy and introduces bills in
Parliament, is the clear driving force in the formulation of the policy ends. Parliament, which
passes legislation and holds government to account for fulfilment of policy, plays the primary
role in defining the legislation that emanates from policy.
The second responsibility is choosing the means to deliver the desired ends. The regulator
and government are the key players. The regulator determines the regulatory regime in
accordance with the legislation, licence operators, imposes licence obligations, and interacts
with the public. Government issues policy directions from time to time in accordance with
legislation, and drafts amendments to the laws for parliamentary consideration.
The third responsibility involves enforcing compliance by everyone with the regulatory and
licensing schemes. The regulator establishes the rules of the game and is the lead agency
empowered to take action in cases of violation of licence conditions or regulations.
The fourth responsibility is the policy review, such as the current process that involves all
role players. Periodic reviews are required because the effectiveness of policy may depend
on many aspects, including market conditions that can change rapidly, policy ends that do
not take into account prevailing conditions, disruptive technologies, or events or regulations
that are not sufficiently strong to manage the sector. The judiciary reviews policies,
legislative provisions and activities of various role players in situations where concerned
participants resort to the courts for redress.
12.1.3 Policy Instruments
All the White Papers acknowledge that all organs of state, regulatory agencies and service
providers must operate within a framework that takes into account the constitutional,
legislative and other frameworks provided in law. The policy framework must take into
account the following factors:
86
This gazette is also available free online at www.gpwonline.co.za