Monkey Business: A Case Study of Roles and Responsibilities.
The issue of mandates and functions continues to occupy the minds of many local government practitioners, and the question of who is responsible for Cape Town’s rebellious baboons is an interesting case study. This article examines the issue and makes suggestions for a possible solution to this particular monkey puzzle.
Making Local Economic Development Work: Some Reflections From the Field.
Local economic development (LED) in South Africa has received considerable attention in recent months. This has ranged from LED-related conferences to the finalisation of a number of strategic national reports on the state of LED in South Africa. Progress certainly has been made with LED over the past decade, but these initiatives highlight the fact that the national LED landscape is still weighed down by many challenges.
Helpdesk
All Hands on Deck for Local Government. President Addresses Mayors and Managers.
On 20 October 2009 President Zuma demonstrated his commitment to dealing with some of the key challenges that face local government. In a unique forum which brought together mayors, municipal managers and other key local government stakeholders, President Zuma engaged in a frank discussion about the obstacles which municipalities face in trying to fulfill their developmental and service delivery mandate. The discussion points addressed some of the root problems that continue to undermine service delivery and as such bear repeating here.
Ward Funding Guidelines: Posing More Questions Than Answers?
The drafting of the framework seems to suggest that the discretion afforded to municipalities in legislation in terms of funding ward committees has not been properly exercised. (Why else would a national department seek to legislate in this matter?) It is also possible, in an era when many municipalities face claims of financial mismanagement and maladministration, that the drafters wanted a clear model for ward funding in order to avoid perceptions of irregularity. Research on ward committees to date does not suggest that either of these issues should have been a priority for DPLG. What is fairly apparent is that for various reasons there has long been pressure to disburse more money to ward committee members and that countrywide the ward committee system seems to have faltered.This article provides a brief overview as well as a critique of the key components of this framework.
Vision 2011 and 2014 of the Department of Cooperative Governance and Traditional Affairs.
At the Local Government Bulletin’s tenth anniversary conference, Mr Elroy Africa, the acting director-general of the Department of Cooperative Governance and Traditional Affairs, outlined the vision of the ministry and the department in the short and long term, emphasising the need to improve the quality of governance and service delivery by local government.
The New State Liability Bill.
This article critically assesses the Bill and the proposed constitutional amendment, particularly in respect of their impact on local government. In so-doing, it will examine the case law and legislative developments that preceded these bills.
The National Land Transport Act
The long-awaited National Land Transport Act was signed into effect by the President on 3 April 2009. It deals comprehensively with all aspects of transport, including the provision, regulation and funding of public transport and the taxi industry. It is the product of numerous efforts over the past decade to outline each sphere of government’s responsibilities. Importantly, it envisages a significant role for municipalities.
Know Your Epidemic, Know Your Response.
In June 2009, the Human Sciences Research Council (HSRC) released its third national HIV prevalence survey. The survey presents a contrasting picture of the epidemic in South Africa: it seems that new infections are going down, but one in five South Africans between 15 and 49 years old is HIV-positive. The prevalence differs across South Africa’s provinces, with the highest prevalence in KwaZulu-Natal (15.8%) and Mpumalanga (15.4%).
Helpdesk
Coping With Crunch Time: What the Recession Means For Local Government.
Municipalities have already passed their budgets for the 2009/10 municipal financial year, and are beginnin g to finalise financial statements for 2008/09. Both of these processes are driving home to managers and councillors the impact of the global economic crisis on their own operations.
Wolf in a Sheep's Clothing
Section 156(1) of the Constitution is the basis for the status of local government in the Constitution. It provides that municipalities have authority over the matters listed in Schedules 4B and 5B of the Constitution. Schedules 4B and 5B, in turn, each contain a list of topics called ‘functional areas’. This constitutional protection of local government’s authority sets South Africa apart from most other countries. Usually, local government is not referred to in a constitution.
Withholding Rates: A New Culture of Non-Payment.
Rates boycotts, alongside other forms of community protest, were historically linked to the grassroots struggles of communities against the apartheid government. Protest action in various forms – such as rates boycotts, bus boycotts, student protests and community riots – were among the few effective tools available to disempowered communities to voice their dissatisfaction. Those forms of protests – sometimes destructive and violent – conjure up images that are reminiscent of apartheid era activism. Rates withholding is an emerging form of protest that is being utilised increasingly by communities across South Africa.
Upper Limits for Property Rates.
The Minister may prescribe a ratio between the rate on residential property and that on any non-residential properties.In terms of the regulations the rate on agricultural properties may not be more than 25% of that imposed on residential properties. Agricultural properties are defined as farm properties used for agricultural purposes, farm properties not used for any purpose, or smallholdings used for agricultural purposes. The term ‘agricultural purpose’ excludes the use of a farm property for the purpose of ecotourism or for the trading in or hunting of game.
United Response for Local Action on AIDS
“Scaling Up for Success” was the theme of the Fourth South African AIDS Conference, held in Durban from 29 March to 3 April 2009. It aimed to “take stock of best practices in treatment and prevention and to scale these up sufficiently to begin to roll back the onslaught in numbers and impact that the epidemic is currently waging in Southern Africa”. Four thousand people from 52 countries attended the conference. The latest research and innovative projects were discussed among social and medical scientists, HIV and AIDS practitioners (including some municipal HIV and AIDS coordinators) and community members involved in HIV programmes.
New Leaders, Persistant Challenges
The outcome of the elections of 22 April is critical for local government. The success of ‘developmental local government’ depends to a large extent on the choices the incoming national and provincial governments make around local government. For example, the review of provincial and local government, started by former Minister Sydney Mufamadi, will be completed under the auspices of the incoming national government. This article presents some perspectives of the Good Governance Learning Network (GGLN) that the incoming governments and the political parties that populate them may want to consider.
From the Courts: The Municipal Manager Supervisory Role Over Bid Committees.
Bid committees can be described as the engine rooms that give effect to a municipalities’ supply chain management policy. The work of these committees is integral to ensuring that procurement processes not only comply with the regulatory framework governing supply chain management, but also result in fair, equitable, transparent and cost effective procurement of goods and services. The three bid committees that are responsible for driving procurement processes include the Bid Specification Committee (BSC), Bid Evaluation Committee (BEC) and Bid Adjudication Committee (BAC)
Framework for Condoning Non-Compliance with Property Rates Act
Condonation may be given only on good cause shown and the MEC may impose conditions. However, the MEC must exercise this power within a framework prescribed by the Minister responsible for local government, which was issued by the Minister on 29 April 2009.
South Africa's Water and Sanitation Provision.
“Water is life, sanitation is dignity.” This is the cornerstone of the Strategic Framework for Water Services published by the Department of Water Affairs and Forestry (DWAF) in 2003. It also served as the first line of the landmark High Court judgment in the case of Mazibuko and Others v City of Johannesburg and Others (4) SA 471 (W) 2008 (see LGB 10(2), April/May 2008), which dealt with municipalities’ constitutional obligations to deliver water to poor communities.
The Right to a View.
When first confronted by the facts of the case in The Municipality of the City of Cape Town v Reader and Others, one is tempted to think that it is yet another judgment dealing with the notorious question of whether property owners have a ‘right to a view’. This is especially true as the facts bear a striking similarity to earlier judgments that have dealt with this issue. This judgment, however, stops short of deciding whether the applicants are in fact entitled to ‘a view’. It deals rather with the question of whether the appeal procedures set out in section 62 of the Municipal Systems Act afford interested third parties (very often neighbours) affected by the planning decisions of a municipality an adequate platform from which to appeal those decisions.
Municipal Property Rates Act: Some Valuation Issues.
Gender, HIV Development and the Role of Local Government.
Inequality between the sexes is slowing down transformation in South Africa. This inequality is compounded by the fact that women disproportionately bear the brunt of the devastating impact which HIV has on communities and families. The HIV and AIDS epidemic continues to hit the most productive part of the population the hardest. The result is that it also impacts negatively on local government service delivery, in that municipalities have to meet the increasing demand for social services.
Fault Lines Around Water Service Delivery.
South Africa has one of the most progressive legislative and policy frameworks for water services in the world, which includes a constitutional right of access to water and a national free basic water (FBW) policy. Within this framework, water is conceived of as a social good and a vital part of poverty alleviation within the broader developmental mandate of government. However, when it comes to implementation at the local government level, where water services are located, the reality is quite different.
Court Condemns Political Interference in Municipal Appointment.
This judgment deals with the appointment of a municipal manager in a district municipality. It contains the strongest signal yet that the law condemns the practice of appointing municipal managers on the basis of political affiliation rather than suitability for the post.
When Can Bidders With a Bad Track Record Be Rejected?
There are a number of legislative grounds upon which a municipal manager may reject a tender bid. One such ground is provided in the Municipal Supply Chain Management Regulations. Regulation 38(1) provides that a municipality’s supply chain management policy must provide measures for combating abuse of the supply chain management system. Furthermore, it must enable the municipal manager to reject the bid of a bidder who, during the past five years, has failed to perform satisfactorily on a previous contract with the municipality or municipal entity or any other organ of state. This applies only if written notice has been given to that bidder that its performance was unsatisfactory.
The Financial Health of Municipalities.
In the 2008 Local Government Budgets and Expenditure Review, the National Treasury analyses how municipalities have been funded since 2003/2004 and how they will be funded until 2009/2010. It does the same for the expenditure patterns of municipalities. This article highlights just a few important issues from a comprehensive review.
The End of An Era: The Abolition of Floor Crossing.
On 30 June 2008 three important Bills proposing the abolition of the practice of floor-crossing. If passed, the bills will see an end to this much-debated practice and the legislation enables it. They represent the response to a growing chorus of discontent from politicians and members of the public about the impact of floor-crossing.
Legal Briefs.
Can an employment contract be valid if a performance agreement has not been concluded?
Is this Seat Taken? Filling Vacancies During Political Turmoil.
This article outlines the rules dealing with the expulsion and resignation of councillors from their political parties. Central to these rules is the principle that a councillor must vacate office as a councillor when he or she ceases to be a member of the political party.
Implementing the Property Rates Act: Geeting the Policies, By-laws and Resolutions Right.
As from 1 July, all municipalities must implement the Municipal Property Rates Act. This requires all municipalities to have a proper rates policy, which is in turn implemented in a by-law and a rates resolution. Among the municipalities that have implemented the Act thus far there is great confusion about the exact content of the policy and by-law. The danger in this uncertainty is that if the policy and the by-law do not correctly implement the Act, a municipality's ability to enforce payment of rates may be fatally flawed.
