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Community Participation: The Cornerstone of Local Participatory Democracy.
Community participation is key to the functioning of local government. One of the constitutional objects of local government is to encourage the involvement of ...
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Volume 9, Issue 1, February/March 2007
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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 ...
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Volume 5, Issue 2, May 2003
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Councillors Can Have Their Say: Immunity in Council.
For a democracy to be vibrant, councillors must have the freedom to speak their minds in council. This freedom is protected by the Constitution and the ...
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Volume 8, Issue 1, March 2006.
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Councillors' individual liability
On 11 June 2008, the Cape High Court handed down a judgment that set an important precedent about councillors’ individual liability for taking or supporting ...
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Volume 10, Issue 4, October 2008
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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 ...
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Volume 6, Issue 2, May 2004
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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 ...
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Volume 11, Issue 1 February 2009
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Court rules on effect of councillor walk-out on district elections
In Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others, the Electoral Court had to deal with what happens ...
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Volume 18, Issue 4, November/December 2023
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Court stops reckless electricity outsourcing contract
Can a municipality under a section 139(5) intervention avoid or by-pass an Administrator, or adopt decisions, such as entering into contracts, that undermine a ...
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Volume 16, Issue 2, June 2021
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Crisis or Communication Breakdown? Are Our Councillors Listening?
Not that long ago, a democracy promotion organisation arranged a course ti help local councillors improve their capacity to represent voters. The skills it ...
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Volume 9, Issue 4,September/ October 2007.
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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 ...
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Volume 4, Issue 4, November 2002