Regulatory Impact Assessment Guideline February 2012

Topics: Policy, Cost-benefit analysis, Regulation Pages: 46 (11846 words) Published: July 20, 2015
RIA Guidelines

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THE PRESIDENCY: REPUBLIC OF SOUTH AFRICA

GUIDELINES FOR THE IMPLEMENTATION OF THE
REGULATORY
IMPACT ANALYSIS/ASSESSMENT (RIA) PROCESS
IN SOUTH AFRICA
2012

Cabinet Operations

RIA Guidelines

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Preface
Regulatory Impact Assessment (RIA)1 has become a global phenomenon in response to widespread pressures for more effective and efficient governance.

RIA systems were first developed in United States of America and various European countries in the 1980s.

In South Africa, RIA was approved by Cabinet in February 2007. The approval followed a detailed joint study commissioned by the Presidency and the National Treasury to investigate the possibility of introducing RIA in South Africa.

The study2 was a response to concerns that the government had regarding the findings of various studies on the cost of doing business, inconsistencies in the depth of analysis undertaken by departments when developing regulation and the general absence of impact assessment in the development of regulation.

RIAs are an extension of a broader commitment to the quality of government through evidencebased policy making. The advantage of instituting RIA is that RIA adds structure, predictability, and methodological clarity to assessment while also ensuring that the right information is available for decision making. The manner in which RIA is institutionalized differs markedly from country to country, in order to reflect the different needs and institutional structures of each state.

This document provides a guide on how to conduct RIA and is divided into three key sections:  Understanding RIA;
 RIA system in Government; and
 Key steps in the RIA process

A template RIA document structure is provided as Annexure A.

For enquiries, please contact the Presidency, Cabinet Office at: RIA@po.gov.za 1

Alternatively referred to as Regulatory Impact Analysis or Impact Assessment The detailed background study on RIA and its relevance for South Africa (2005) is available on www.thepresidency.gov.za. These were compiled by a consortium led by SBP commissioned by The Presidency and National Treasury.

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TABLE OF CONTENTS
PREFACE

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DEFINITIONS OF TERMS

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SECTION 1: UNDERSTANDING REGULATORY IMPACT ASSESSMENT

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1.1 What is RIA?

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1.2 What is the rationale for RIA?

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1.3 What are the objectives of RIA?

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1.4 Stages of analysis in RIA application

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1.5 What sorts of questions should be addressed in a RIA?

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1.6 Who should prepare RIA?

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1.7 How to ensure RIA quality?

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SECTION 2: THE RIA SYSTEM IN GOVERNMENT
2.1 Introduction

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2.2 The RIA Oversight Function

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2.3 Application of RIA and threshold criteria

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2.4 The RIA process

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SECTION 3: KEY STEPS IN THE RIA PROCESS
3.1 Introduction

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Step 1: Problem identification and initial assessment

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Step 2: Stakeholder consultations and data collection

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Step 3: Data collection, analysis and discussion of findings

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Step 4: Preparing the final RIA report

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Step 5: RIA approval

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Table: Summary of the RIA process

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List of Boxes

Box 1: Content of initial RIA report

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Box 3: Impact Assessment Methodologies

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List of Annexures
Annexure A: Regulatory Impact Assessment Report Format and Template

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Annexure B: Summary of RIA analytical areas

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Annexure C: Stages of law-making process

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Annexure D: Section 4 of the Guide for the Drafting of Cabinet Memoranda

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Appendix I: Framework for the Cabinet Memorandum

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Cabinet Operations

RIA Guidelines

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DEFINITIONS OF TERMS
Baseline

Describes the situation prior to a
development intervention is performed and
this becomes the point against which
progress is assessed or comparisons are
made. This is the current condition...
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