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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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Composing selection panels to appoint senior managers in municipalities
The law provides that senior managers in municipalities must have the requisite skills to perform. It further prescribes the procedure for appointing senior ...
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Volume 18, Issue 1, March 2023
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Conflict of Interest in Property Valuation: Keeping It Above Board.
How do conflicts of interest affect the implementation of the Municipal Property Rates Act (MPRA) and what can municipalities do to lessen their impact?
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Volume 12, Issue 4, December 2010
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Consequences of Failing to Adopt a Budget by 30 June.
Political disagreements in a municipal council sometimes lead to stalemates on important matters such as the adoption of a municipal budget. Failure to adopt a ...
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Volume 12, Issue 4, December 2010
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Constitutional Amendments: Local Democracy at the Altar of Supervision?
On 12 July 2001 the Minister for Justice and Constitutional Development published two Bills with proposed amendments to the Constitution. This article ...
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Volume 3, Issue 3, September 2001
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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 grants municipalities greater scope to rectify unlawful contracts
Suppose a new municipal manager comes across a procurement contract that was awarded irregularly more than three months ago. Can he or she approach a court to ...
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Volume 14, Issue 2, December 2019
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Constitutional Court invalidates the dissolution of the Municipal Council of Tshwane
Ever since the first intervention under the 1996 Constitution in the then Butterworth Transitional Local Council (Eastern Cape) in 1998, it has remained ...
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Volume 16, Issue 5, November/December 2021
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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