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