From SALGA: Report on the Local Government Laws Amendment Bill
The Portfolio Committee on Provincial and Local Government passed this Bill on 22 October 2002 and the National Assembly passed two days later. The Bill at the time of writing is scheduled to be passed by the National Council of Provinces on 7 November. It should be signed into law by the middle of November.
Intergovernmetal Dispute Resolution: Jaw don't War
Conflict is one of the realities of political and social life. All governments face similar challenges as they cope with the pressures of modern social and economic life. How they respond to those challenges is an important ingredient in the well-being of their citizens, Local Government will also have its share of disputes among municipalities, but also among with the other spheres of government.
Crossing the Floor: The Judgment
On 4 October the Constitutional Court ended a period of political instability that started just less than a year ago with the break up of the Democratic Alliance (DA). The eagerly awaited judgment of the Court declared as unconstitutional the Acts that relate to crossing the floor at local government level, namely the Local Government: Municipal Structures Amendment Act 20 of 2002 and the Constitution of the Republic of South Africa Amendment Act 18 of 2002.
Terms of Reference for Political Structures and Political Office Bearers
Every municipal council has the right to to determine its internal procedures. This right is protected by section 160 of the Constitution, which allows a municipality to decide how to structure its internal operations and what kind of mandate/area of responsibility it assigns to political structures, office-bearers and municipal manager.
Linking Communities and Local Government: The Mangaung Experience
Public Participation is a fundamental part of local government's planning in the new dispensation. Aside from Chapter 4 in the Systems Act, no clear guidelines are given on how to link decentralised institutions with citizens.
Legal Briefs: Can a District Councillor be Employed by a Local Municipality within the District?
There is currently no legal provision that directly prohibits a local municipality's employee from sitting on the district council. However, there is a real possibility that if such a case would ever come to court, the court would that there is a conflict of interest.
From the Courts: Municipality Stumbles over a Disconnection Hurdle
Residents of Bon Vista Mansions v Southern Metropolitan Local Council
From SALGA: Local Democracy at Risk?
The Justice and Constitutional Development Portfolio Committee held public hearings on the Third Constitutional Amendment Bill, 2002, at Parliament on 5 and 6 December 2002.
From SALGA: Bringing the NLTTA in Line with the New Local Government Dispensation.
The Portfolio Committee on Transport convened a public hearing on the implementation of the National Land Transport Transition Act (NLTTA) at Parliament on 4 September.
Easing Interventions in Local Government: The Proposed Constitutional Amendment
The proposed amendment to section 139 (2) of the Constitution, tabled in Parliament in August, creates new grounds on which a province may intervene in a municipality, obliges a province to intervene in certain circumstances and waters down the supervision function of the National Council of Provinces. In short, it eases provincial intervention in local government.
Intergovernmental Relations in the Western Cape
The need for an intergovernmental structure was identified in order to streamline the transformation process in the Western Cape.
From the Courts: Firing the mayor with a 'double barrelled' motion
Marais v Democratic Alliance 2002 (2) BCLR 171 (C)
From SALGA: immigration Bill: Another Unfunded Mandate?
This is an abbreviated version of SALGA's submission to the joint session of Parliament's Portfolio Committee on Home Affairs and the Select Committee on Social Servies dealing with the Immigration Bill.
Electricity Restructuring: Short-Circuting Municpalities?
Important recent developments in the electricity distribution industry (EDI) could have a significant impact on municipalities. A recent court challenge raises the crucial issue of the right of municipalities to supply and distribute electricity.
Crossing the Floor: The Ruls of the Game
The President has signed a set of Bills into law that allow for crossing the floor, This article summarises the Bills insofar as they deal with councillors. The Bills amend parts of the of the Constitution and the Municipal Structures Act
Assignment to Local Government
When the new Premier of the Western Cape took office in January 2002, he vowed to devolve as many provincial functions as possible onto local authorities which have the capacity to perform them. Assignment is the most important way of bringing functions down to local government.
Province not Liable for Municipal Debts.
MEC for Local Government, Mpumalanga v IMATU 2002 (1) SA 76 (SCA)
President's Coordinating Council sets Agenda for Local Government
At a special President's Coordinating Council (PCC) workshop on 14 December 2001, the agenda was set for building a strong and development-oriented local government. The PCC adopted wide-ranging resolutions which chart the way forward in both the short and medium term.
Municipal Finance Management Bill under Scrutiny
During February and March 2002, the National Assembly's Portfolio Committee on Finance received submissions on the Municipal Finance Management Bill. This article summarises concerns about the Bill which were raised by the Community Law Centre.
Local Government Bargaining Council: Towards a Uniform Approach to Labour Matters?
The South African Local Government Bargaining Council was registered on 1 March 2001 after an agreement signed on 2 September 1997 between the South African Local Government Association and two Unions, the South African Municipal Workers Union and the Independent Municipal Allied Trade Union.
From the Courts: Guarding Against Disruption of Local Government
MEC for Local Government and Planning of the Western Cape v Paarl Poultry Enterprises CC Rosendal Poultry Farm 2002 (2) BCLR 133 (CC)
Crossing the floor: Proposed Constitutional Amendments
The Department of Justice and Constitutional Development has published a proposal to amend Constitutional provisions for municipal elections. The new provisions would, among other things, allow councillors to cross the floor without losing their seats.
Tarifs and Debt Collection in the Muncipal Systems Act.
Tariff and debt collection policies are of paramount importance for local government. Local government derives most of its revenue from the levying of rates and tariffs.
Mayoral Committees off the Hook? High Court Rules Against Proportinality.
After taking office in December 2000, the Executive mayor of Johannesburg Metropolitan municipality appointed a mayoral committee in terms of section 60 of the Municipal Structures Act. Only African National Congress members were appointed. The ANC holds 59% of the seats in the Council.
Legal Briefs
What happens if a Political Party Dissolves? What happens if a Councillor leaves the Party? When does a vacancy occur?
From the Courts: Time Limit on Suing the Municipality.
Moise v Transitional Local Council of Greater Germiston (2001) JOL 8446 (W)
From SALGA: Roles and Responsibilities of Mayors
Section 53 of the Municipal Systems Act determines that every municipality must define the specific role and area of responsibility of each political structure and political office-bearer of the municipality. SALGA resolved to prepare a guide to assist municipalities in complying with this requirement.
Choosing a Service Provider: Section 78 of the Systems Act
Municipalities are under heavy pressure to extend and improve the delivery of municipal services. A wide range of policies, legislation, institutions and resources have been put in place to facilitate this process.
Legal Briefs: Municipal Staff Member on a Ward Committee?
With the enactment and implementation of the Municipal Demarcation Act, Municipal Structures Act and Municipal Systems Act, the new dispensation for local government has firmly taken root. Are old order ordinances still applicable?
From the Courts: Suing for Charges
Eastern Cape Metropolitan Substructure v Peter Klein Investments (Pty) Ltd 2001 (4) BCLR 344 9 (W)
