Ward Delimitations for the 2005/2006 Local Elections
South Africa is gearing up for the next local elections, which are to be held between December 2005 and March 2006. It is expected that the election date will be announced by the Minister of Provincial and Local Government in the second half of 2005.
Setting Service Delivery Targets.
During the past two months, the newly elected government has emphasised the important role that local government must play in meeting the challenges of economic development and poverty alleviation.
Phasing in the Municipal Finance Management Act.
The Municipal Finance Management Act which was adopted by Parliament on 26 November 2003, took effect on 1 July 2004. It seeks to modernise and improve financial governance in all municipalities. Together with the Municipal Systems Act, it clarifies the roles and responsibilities of executives and non-executives councillors and officials, modernise budgeting and financial management practices and improves governance over municipal entities.
From the Courts: Property Rates on Agricultural Land
The issue before the Court in Boshoff v Nkwetana Munisipaliteit 1935/2003 FS was whether the municipality had the authority to levy rates on agricultural land and whether it followed the correct procedure in doing so.
Dissolution of the Lekwa Teemane Council.
On 21 January 2004 the Provincial Executive of the North West approved a resolution to dissolve the Lekwa Teemane Local Council in terms of section 139 (1) (c) of the Constitution.
Woman's Role in India's Village Councils
India was one of the first countries to introduce a mandatory quota system to enhance woman's representation in government. What is unique about the Indian system is that the quota is also applicable to top positions in government, and a third of all mayors in India today are woman. South Africa can learn from India's experience in order to create a more equitable environment for woman.
Securing Woman's Participation in Local Government
Local Government is the sphere of government that is regarded as being closest to the people. Municipalities are instrumental in providing basic services to communities. Woman are often the main consumers of these services due to the caregiver role they play and are thus likely to feel the impact of local government the most.
Responsibilites of Municipal Managers: The Municipal Finance Management Act
The Municipal Finance Management Act is a very prescriptive piece of legislation and should not be read piecemeal, but worked through as a whole. Many chapters and sections are inter-related. For example, the duties of the municipal manager and the accounting officer of the municipality are not found in only one chapter but are scattered throughout the Act.
Gender and the Budget.
While budgets have been instrumental in transmitting and reproducing gender biases, they also offer the possibility for transforming existing gender inequalities. It is important to note that a gender budget is not a separate budget for gender activities and issues, rather, it is the normal budget from a gender perspective or analysed through a gender lens.
From the Courts: Is There a Right to View?
Though there is no common law right to a view, the case of Paolo v Jeeva N.O and Others 2004 (1) SA 396 SCA has led to the perception among the public that certain laws do protect an existing view. As a result of media coverage, it is widely believed that section 7 of the National Buildings Regulations and Building Standards Act obliges a municipality to refuse any building plan for a building that will interfere with the view of an adjoining property.
Counting the Cents: Municipal Budgets and Mayors Responsibilities Under the MFMA.
A new era has dawned in municipal finances with the enactment of the Municipal Finance Management Act 56 of 2003. The main objective of the MFMA is to ensure sound and sustainable financial management. In short the MFMA will pave the way for three year budget planning on capital appropriations.
Supply Chain Management under the Municipal Finance Management Act
Municipalities and municipal entities will have to read carefully when acquiring goods or services or when disposing of goods when the Municipal Finance Management Act comes into operation.
Who Appoints the Municipal Manager?
In terms of section 82 of the Municipal Structures Act, not only a municipal council can appoint a municipal manager. Furthermore, section 30 (5) of the Structures Act states that, before a municipal council can decide on the appointment of a municipal manager or of the head of a municipal department, the executive mayor or the executive committee must submit a report and recommendation concerning the appointment and conditions of employment.
Guidelines For Ward Committees: Strengthening Participatory Governance
Following a national conference on ward committees in June 2003, the Department of Provincial and Local Government published its long awaited Draft Guidelinies for the Establishment and Operation of Municipal Ward Committees for comment. The Guidelines aim to streamline the process of establishing ward committees and their internal operations and are a product of comments and suggestions received at the conference.
A New Role For Provincial Treasuries
The Municipal Finance Management Act gives provincial treasuries an important role in supervising municipalities. Whereas the provincial Departments of Local Government were responsible in the past for most aspects of local government, including monitoring municipalities financial well-being, provincial treasuries will now perform important functions with regard to monitoring of, and intervening in municipalities.
The Nelspruit Water Concession.
In 1999, the Nelspruit Transitional Local Authority contracted the British-based multinational BiWater to provide its water services for the next 30 years. This arrangement known as the Nelspruit Water Concession, is the first contract of its kind in the South African water sector.
Strategic Framework for Water Services: Water is Life, Sanitation is Dignity.
Eight years after the White Paper on Water Supply and Sanitation was published, the National Cabinet approved the strategic framework for Water Services on 17 September 2003. Much has been achieved and the White Paper was used a departure point in formulating the framework, but since 1994 the context has changed significantly.
Socio Economic Rights and Basic Municipal Services.
The socio-economic rights in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose positive obligation. Through the delivery of basic services municipalities fulfil some of these obligations.
Section 78 of the Systems Act and Municipal Policing.
The Supreme Court of Appeal has delivered a significant judgment in which it was required to interpret the provisions of section 78 of the Local Government: Municipal Systems Act, 2000.
From the Courts: Suitable Alternative Land Before Evictions.
Section 6(3) (c) of the Prevention of illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 provides that when a court decides whether an eviction order is just and equitable, it needs to consider the availability of suitable alternative land. The main question is what is meant by this term.
Municipal Services- Public-Private Partneships.
Public-private partneships (PPP's) are another form of an external service delivery mechanism that municipalities may consider using. Government currently views PPP's as an alternative service delivery mechanism that could be used to address the deteriorating condition of public infrastructure and avert the escalating cost of rehabilitating state assets.
How gender sensitive is your municipality?
Local government is now expected to play a proactive role in the social, economic, and material development of local communities. This means it is an sphere of government for women and for gender equity, as it has the potential to transform woman's lives by providing services such as water, sanitation, clinics, child care facilities, roads and transport.
Guarding against Unfunded Mandates: The Systems Amendment Bill.
Municipalities will receive greater protection against unfunded mandates in terms of the Municipal Systems Amendment Bill approved in September this year by the Portfolio Committee on Local Government.
From the Courts: When are evictions just and equitable?
Before an eviction order can be granted a court needs to determine whether it is just and equitable to do so in terms of section 26 of the Constitution by considering all the circumstances of each case, including the rights and needs of the elderly, children, disabled persons and households headed by woman.
Establishing a Municipal Court Case Study: Stellenbosch Municipality.
One of the constitutional objectives of local government is to promote a safe and healthy environment for the community, a key aspect is law enforcement. One way to ensure a safe and crime-free living environment is through visible crime prevention.
Co-Operative Government at Work.
Earlier this year, the City of Cape Town entered into an innovative public -public partnership with the Department of Water Affairs and Forestry. This is a good illustration of co-operative government principles at work to ensure effective service delivery.
The Nelspruit Water Concession.
In 1999, the Nelspruit Transitional Local Authority contracted the British-based multinational BiWater to provide its water services for the next 30 years. This arrangement known as the Nelspruit Water Concession, is the first contract of its kind in the South African water sector.
Strategic Framework for Water Services: Water is Life, Sanitation is Dignity.
Eight years after the White Paper on Water Supply and Sanitation was published, the National Cabinet approved the strategic framework for Water Services on 17 September 2003. Much has been achieved and the White Paper was used a departure point in formulating the framework, but since 1994 the context has changed significantly.
Socio Economic Rights and Basic Municipal Services.
The socio-economic rights in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose positive obligation. Through the delivery of basic services municipalities fulfil some of these obligations.
Section 78 of the Systems Act and Municipal Policing.
The Supreme Court of Appeal has delivered a significant judgment in which it was required to interpret the provisions of section 78 of the Local Government: Municipal Systems Act, 2000.
