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Office of the Premier Annual Report 2009-2010 - Gauteng Online

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• Enhanced legislative drafting capacity• Definitive legal advice and opinions furnished• Strategic legal support provided• All legal opinions requested adequately responded to• Enhanced compliance• Vetting <strong>of</strong> all types <strong>of</strong> agreements• All litigation against <strong>the</strong> GPG attended to• Continuous communication with departments on legal issues.Service delivery objectives and indicatorsThe Chief Directorate: Legal Services provides strategic legalsupport to <strong>the</strong> <strong>Gauteng</strong> Provincial Government. This includescoordinating and compiling <strong>the</strong> legislative agenda, analysing andmonitoring <strong>the</strong> quality <strong>of</strong> legislative submissions to EXCO andcertifying legislation (primary and subordinate) before tablingin <strong>the</strong> Legislature. Support is also provided to <strong>the</strong> Leader <strong>of</strong>Government Business, EXCO and <strong>the</strong> Legislature to facilitate <strong>the</strong>introduction and passage <strong>of</strong> legislation. The Chief Directorate isfur<strong>the</strong>r responsible for providing qualitative and definitive legaladvice and opinions to <strong>the</strong> Executive, Heads <strong>of</strong> Department(HODs) and departments, and for managing litigation against <strong>the</strong><strong>Premier</strong>. An integral part <strong>of</strong> <strong>the</strong> vetting <strong>of</strong> agreements is to ensurethat <strong>the</strong> agreements advance <strong>the</strong> interests and objectives <strong>of</strong> <strong>the</strong>province. A great deal <strong>of</strong> emphasis is also placed on promotingand ensuring <strong>the</strong> implementation <strong>of</strong> constitutionally mandatedpieces <strong>of</strong> legislation such as <strong>the</strong> Promotion <strong>of</strong> Access to InformationAct, 2000 (Act No. 2 <strong>of</strong> 2000) and <strong>the</strong> Promotion <strong>of</strong> AdministrativeJustice Act, 2000 (Act No. 3 <strong>of</strong> 2000). The Chief Directorate isresponsible for <strong>the</strong> monitoring <strong>of</strong> litigation in <strong>the</strong> GPG.Effective LegislationIn order to foster uniformity and certainty in <strong>the</strong> legislative process<strong>the</strong> Chief Directorate has introduced a process map called <strong>the</strong>“Path to Legislation”. The purpose <strong>of</strong> <strong>the</strong> Path to Legislation isto provide clear guidelines on <strong>the</strong> process to be followed whendrafting legislation and it emphasises <strong>the</strong> clear distinction between<strong>the</strong> policy cycle and drafting <strong>of</strong> Bills. During <strong>the</strong> current reportingperiod <strong>the</strong> EXCO system was reviewed as part <strong>of</strong> <strong>the</strong> era <strong>of</strong>renewal in <strong>Gauteng</strong>. This revision requires amendments to <strong>the</strong>Path to Legislation to ensure alignment with <strong>the</strong> revised system.The amendment <strong>of</strong> <strong>the</strong> Path to Legislation will be addressed in <strong>the</strong>next reporting period.The reporting period coincided with an election year. As inprevious election years, not many Bills, o<strong>the</strong>r than money Billswere adopted by <strong>the</strong> Legislature during <strong>the</strong> reporting period. Thiscreated an ideal opportunity for <strong>the</strong> Executive to call for legislativeproposals in order to plan for and prioritise proposed legislationfor <strong>the</strong> legislative years <strong>2010</strong>, 2011 and beyond. EXCO approved<strong>the</strong> legislative programme for <strong>2010</strong> on 27 January <strong>2010</strong>.The State Law Advisors draft in plain English ensures that <strong>the</strong> rightsand obligations stipulated in legislation are easy to understand.The following Bills and subordinate legislation were certified in <strong>the</strong>reporting period:42

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