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 State of Municipal Budgets-Intergovernmental Fiscal Review for 2003.
The Minister of Finance released the 2003 intergovernmental Fiscal Review on 8 April. It provides a wealth of information on municipal budgets for the 2002/03 financial year.
Participatory Governance Through Ward Committees.
The Department of Provincial and Local Government held a conference on ward committees on 24-25 June. These are the vehicles through which participatory governance takes place and their effective performance is crucial to the success of proper community participation in local government.
No Safeguards for Municipal Property.
The recent judgment in the appeal case of Munisipaliteit van Ngwane & Vrystaat Munisipale Pesioenfonds 254/ 2002 AD has attracted much attention and comment from local government practitioners. At issue is whether a municipality falls within the definition of 'state' as referred to in the State Liability Act 20 of 1957, in terms of which no warrant of execution cab be issued against any state owned property.
Municipal Services-Public-Partnerships as External Delivery Mechanism.
The legislature provides two options to a municipality when choosing an external service delivery mechanism after completion of the assessment process prescribed in section 78 of the Municipal System Act.
Local Government is in Good Health.
The core principles, values and features of the new local government system are sound. This is the conclusion of the national Portfolio Committee on Local Government after a major study tour of the municipalities at the beginning of 2003.
From the Courts: A Right to Affirmative Action & Disconnecting Basic Municipal Services.
Harmse v City of Cape Town (2003) JOL 11047 (LC)
What does your Municipality's Name Mean?
This note discusses the meaning behind a municipalities name.
Municipal Services: Is Chapter 8 of the Systems Act a Help or a Hindrance?
The new definition of municipal services puts even more services within the ambit of Chapter 8 of the Systems Act. Municipalities are already under heavy pressure to extend and improve delivery of municipal services.Chapter 8 of the Systems Act is supposed to facilitate this process, but it is questionable whether it achieves its purpose or whether it instead puts additional burden on already limited municipal resources.
Municipal Debt Comes First.
The recent judgment in the Transvaal Provincial Division case of Summer Symphony Properties 13 CC and BOE Bank v City of Tshwane Metropolitan Municipality and Others has attracted much attention in the press. This is the second recent judgment to deal with section 118 of the Municipal Systems Act, the first having been handed down in the Natal Provincial Division.
Interventions in Municipalities: Amendment to section 139 of the Constitution.
The Second Constitutional Amendment Act of 2003 dramatically increases the powers of provincial government to intervene in a municipality, through amendments to section 139. These now provide the constitutional basis for the Municipal Finance Management Bill to empower provincial executives to intervene in a municipality in case of a financial crisis
From the Courts: Disconnecting Basic Municipal Services.
Highveldridge Residents Concerned Party v Highveldridge TLC and Others 2003 (1) BCLR 72 (T)
Councillors Can Have Their Say: Privilege in Council
Section 161 of the Constitution and section 28 of the Municipal Structures Act protect the freedom of speech of councillors (subject to the council's rules and orders) and grant councillors immunity against civil and criminal liability for anything they say in council.
Traditional Leadership and Governance : Draft White Paper
The Traditional Leadership and Governance White Paper was launched by the Department of Provincial and Local Government on 29 April 2002. Provision was made for a consultation process, which was originally envisaged to have been completed by 22 November 2002 but which was extended to 15 January 2003.
The 'Big Four' Functions: Finality on SIght
On 3 June 2003, Minister Sydney Mufamadi published a notice for all nine provinces which revokes authorisation in terms of section 84 (3) of the Municipal Structures Act. These authorisations deal with four important district municipal functions, namely,the bulk supply of water, electricity and sewage purification works and municipal health services.
Mayoral Committees: The Mayor Appoints
The mayoral committee is appointed at the discretion of the executive mayor. It therefore need not include other parties on a proportional basis.
Getting Municipalities Out of the Red
More than a thousands delegates comprising municipal political office bearers and officials, local government MEC's provincial local government heads of department, national politicians and officials and organised local government attended a two-day Municipal Viability indaba at the Sandton Convention Centre on 5 and 6 December 2002.
From the Courts: Licence to Trade: Who decides?
Six informal beach traders made an urgent review application to the Cape High Court in December 2002 against the City of Cape Town after their applications for trading permits for 2002/03 were unsuccessful.
From SALGA: Taking the Bull by its Horns
Key local government leaders from across the country gathered at SALGA's National General Council in November 2002 to consider critical issues currently facing the sector. The resolution that emerged will set the pace of local government transformation for many years and a brief synopsis of some of them follows.
Citizen's Access to Information: The Information Manual
The Bill of Rights provides that any person has the right of access to any information held by the state. This includes information held by a municipality. The Constitution further provides that national legislation must be enacted to give effect to this right. This prompted the Promotion of Access to Information Act 2 of 2002.
Attacking Poverty Through a Municipal Policy on Indigence.
Municipalities are constitutionally obligated to address poverty in their communities through the promotion of social and economic development and the provision of services in a sustainable manner.
The Delegation System: Who Does What?
All municipalities must develop a system of delegation in terms of the Municipal Systems Act. A delegation is when a person or structure delegates functions that originally vested in it to another person or structure to do.
Intergovernmental Relations in the North West.
The North West Provincial Intergovernmental Forum was officially launched in July 1997.
From the Courts: Legality of Land Rates imposed as Flat Rates by Municipalities before December Elections.
Gerber and others v MEC of the Gauteng Province and Eastern Gauteng Services Council (case no, 303/2001)
