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Constitutional Court confirms that municipal by-laws do not need national or provincial approval
The Constitution creates a jurisdictional, functional and institutional space that is reserved only for municipalities. When acting in this space, ...
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Volume 18, Issue 2, June 2023
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Constitutional Court gives AARTO the go-ahead: What does the judgment mean for municipalities?
On 12 July 2023 the Constitutional Court overturned an order of constitutional invalidity made by the Pretoria High Court (High Court), and instead declared ...
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Volume 18, Issue 3, September 2023
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Constitutional Court Shows the DFA the Door.
The Gauteng Development Tribunal was making land use management decisions and bypassing municipal land-use planning processes on the basis of the DFA. The SCA ...
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Volume 12, Issue 2, June 2010
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Court clarifies the interpretation and application of a Municipal Spatial Development Framework
In Choisy-Le-Roi Owners v The Municipality of Stellenbosch the Court addressed the question of how a Municipality’s Spatial Development Framework (‘MSDF’) ...
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Volume 17, Issue 2, June 2022
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Court prohibits traditional authorities from developing land without the approval of the municipality
Since the pre-colonial era, traditional leaders have allocated land to residents in terms of indigenous law. In the democratic era, traditional leaders ...
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Volume 17, Issue 4, November 2022
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Court tells the City of Cape Town to exhaust intergovernmental dispute resolution mechanisms
In City of Cape Town v the Minister of Energy, the Court had to decide whether the case between the City of Cape Town and the national Minister responsible for ...
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Volume 17, Issue 1, March 2022
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Decentralised Response to HIV & AIDS.
In recent years, many municipalities have started formulating and implementing their HIV and AIDS response strategies and much progress has been made. However, ...
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Volume 9, Issue 1, February/March 2007
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Defining Local Government Powers: The Need For Guidance.
The powers and functions of local government are listed in schedules 4B and 5B of the Constitution. The schedules list functional areas without detailed ...
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Volume 7, Issue 4, September 2005
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Designing and implementing HIV and AIDS Initiatives: Local Government's Role.
"In line with the mandate assigned to municipalities as part of the vision of developmental local government, municipalities are expected to be active role ...
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Volume 10, Issue 1, February/March 2008
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Division of Powers and Functions between District and Local Municipalities
This is a report from the Municipal Demarcation Board and the Department of Provincial and Local Government on the process of division of functions between ...
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Volume 3, Issue 1, April 2001