The powers and functions of local government are listed in schedules 4B and 5B of the Constitution. The schedules list functional areas without detailed definitions of each area. There is a considerable overlap between local government functional areas and those of provincial government, listed in Schedules 4A and 5A. Due to this, there is a degree of confusion about who does what. A lack of clarity about role definition may prejudice service delivery and cause conflict over resources and authority.
Cross-boundary municipalities are set to disappear on the date of the forthcoming elections local government election. On that date, provincial borders and the current cross boundary municipalities will be incorporated in one or other province. Five provinces are affected by the disappearances of 16 cross border municipalities. In addition, there will be a shift of municipalities between KwaZulu-Natal and the Eastern Cape.
The recent controversy surrounding the municipal manager of the Central Karoo District Municipality raised important questions regarding which sphere of government is responsible for the conduct of a municipal manager. Ultimately , who has the power to dismiss a municipal manager?
Africa has a rich history of indigenous and traditional forms of local government. However, lack of coherence between local government and traditional forms of local government are prevalent throughout the continent. The time for unified local government has arrived.
The Public-Private Partnership procurement process overlaps in many respect with the recently published Supply Chain Management Regulations. The overlap occurs where a proposed transaction is both a PPP and one of the matters to which the SCM regulations apply. Although the focus in this article is not on the SCM regulations, any attempt to discuss the PPP procurement process separately from the SC, regulations would be incomplete.
Contract renegotiations and amendments are a relatively common feature of long-term service delivery agreements and public-private partnerships. The legislature has recognised this in existing and newly promulgated legislation which clearly aims to limit risks associated with contract amendments.
After some delays, the Municipal Property Rates Act of 2004 was finally brought into operation on 1 July 2005. This comprehensive Act institutes a uniform structure to the levying of property rates, which was previously governed a number of old provincial ordinances. This article highlights only a number of key features of the Act.
The Municipal Structures Act of 1998 mandates the Municipal Demarcation Board to declare part of an area that must have both district and local municipalities as a district management area, if the establishment of a category B municipality in that part of the area will not be conducive to fulfilling the objectives of section 24 of the Demarcation Act.
Regulations governing public/private partnerships in the local government sphere came into effect on 1 April 2005. Section 120 of the Municipal Finance Management Act also regulates PPP's and the new PPP regulations have the effect of elaborating or expanding on some of the concepts introduced in section 120.
Who can own up to having read a standard service delivery agreement from start to finish and having understood it all? Very few people, i imagine. In the main, service delivery agreements are notoriously long, complex and wordy and are usually filled with legalese. They make little attempt to help the reader gain a meaningful understanding of the basic terms governing the contracting parties relationship. In short, they are inaccessible to the ordinary reader.
The President's Co-ordinating Council is a consultative forum for the President to raise matters of national interest with Premiers and organised local government on the implementation of national policy and legislation in provinces and municipalities. This article discusses the role of the forum with a specific focus on Project Consolidate.
On 19 April 2005, a new intergovernmental forum was launched for the provincial government and municipalities in KwaZulu-Natal. The Forum reflects the structure and spirit of the Intergovernmental Relations Framework Bill of 2005 currently before Parliament. This article discusses the objects, composition, functions, and functioning of the forum.
On 4 May 2005 the City of Johannesburg started registering beneficiaries under the Special Cases Policy of 2004. The main purpose of the policy is to write off municipal services debts owed by indigent people and to provide subsidisation of basic services for identified classes of people.
Can mayoral committees and executive committees hold meetings behind closed doors about critical issues like draft by-laws or draft budgets? Does section 20 of the Systems Act allow the public access to all meetings of council and mayoral committees? This article discusses this issue and postulates a proper interpretation of the meaning of section 20.
The Municipal Demarcation Board has released its 2004/2005 local government capacity assessment report. It showed a steady increase in both the range and level of services provided by local and district municipalities.
The Local Government Project conducted a survey of a wide range of current South African service delivery contracts to see how their actual contract terms assist in achieving the outsourcing objectives and how they provide for the common dangers. The objective was to get a general idea of the these service delivery contracts entail. This article focuses on what they contain on the issue of skills transfer,.
The intergovernmental relations framework bill, tabled in Parliament in February, establishes and entrenches the role and place of local government in our system of coo-operative government.
A recent judgment by the Constitutional Court clarifies the powers, duties and status of municipalities and pronounces positively on the powers of municipalities to impose property rates. This case is a significant victory for municipalities in their efforts to value property and levy property rates.
Section 139 of the Constitution permits a provincial government to intervene in the affairs of a municipality under certain specified circumstances of non-performance. Such an intervention has serious consequences for the municipal council's authority to govern. In 2003, provincial government's intervention powers were increased significantly. Most importantly, the revised wording for the dissolution of a council and for interventions in the event of so-called financial emergencies.
Regional Electricity Regulations (REDs) have been under discussion since the early 1990s and numerous debates have been held for and against them. At last the process seems to have been pushed beyond a point of no return with the announcement by the President Mbeki that the first RED will be operational by June 2005 and the last of the of the six by january 2007.
For many years, municipal councils have enjoyed the freedom to determine the recruitment, appointments, promotions, transfers and dismissals of their employees. This is in line with section 160 (1) (c) of the Constitution, which provides that a municipality may employ personnel that are necessary for the effective performance of its function.
At its National Conference in September 2004, Salga adopted a new constitution that makes fundamental changes in how organised local government functions in South Africa.
Councillors may see an increase of 7% in their salaries, benefits and allowances. This was the recommendation to the President by the Independent Commission for the Remuneration of Public Office Bearers.
In a recent report to Parliament, the Auditor-General, Shauket Fakie questioned the ability of South African municipalities to continue operating as a going concern. He commented that municipalities mounting levels of uncollected debt relative to their income was a cause for concern. The total municipal debt countrywide is more than R32 Billion and it is getting worse each year because of non-payment.
In the case of Mpakathi v Kgotso Development and Others SCA, Case No. 334/03, the Court had to consider whether a property attached by a municipality may be sold in execution to a close corporation if one of the members of that close corporation is a municipal councillor.
A recent judgment by the Constitutional Court confirms that the electricity and water charges owed to a municipality must be paid before a property can be transferred to an new owner. This is a major victory for municipalities in their effort to collecting outstanding service charges.
Chapter 11 of the Municipal Finance Management Act came into force on 1 July 2004. This chapter contains provisions that strictly regulate the acquiring of goods and services and the disposal of municipal assets. A sound knowledge and understanding of its provisions is therefore an essential requirement for all municipalities and municipal entities.
The demarcation of local government powers vis-a-vis other spheres of government is fast becoming a critical area of research and intergovernmental dialogue. It is expected that municipalities will start asserting their institutional integrity. This article presents a case study of the demarcation of the powers of local government in the regulation of the liquor retail industry.
The Constitution of South Africa Amendment Act 18 of 2002 and the Local Government: Municipal Structures Amendment Act 20 of 2002 contain provisions designed to allow defection by an elected representative from one political party to another.
Salga conducted an audit to determine the extent to which woman are represented and participate in local government. It focused on two areas: the elected representatives and the employed officials in municipalities. The purpose of the audit was to determine if women's representation has increased since 2000.
Defining Local Government Powers: The Need For Guidance.