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Navigating the grey areas: Reflections on the Western Cape powers and functions review process
The powers and functions shared between provincial and local government have traditionally been a source of great confusion and concern for municipalities. ...
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Volume 10, Issue 4, October 2008
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The role of sustainable human settlements in the response to the HIV and AIDS epidemic
Municipalities are key institutions in bringing about sustainable human settlements that respond adequately to the challenges and implications of the HIV and ...
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Volume 10, Issue 4, October 2008
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Can a municipality levy taxes retrospectively
Generally, a municipality may only levy taxes (other than property rates) in terms of empowering legislation. The Municipal Fiscal Powers and Functions Act ...
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Volume 10, Issue 4, October 2008
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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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Limits on Withholding Municipal Clearance Certificate.
In City of Cape Town v Real People Housing (77/09) [2009] ZASCA 159 (30 November 2009), the Supreme Court of Appeal clarified the meaning of section 118(1) of ...
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Volume 12, Issue 2, June 2010
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Municipal Duties to Occupiers Facing Evictions From Private Land.
While a number of recent judgments have confirmed the duty of municipalities to ‘meaningfully engage’ with unlawful occupiers before seeking to evict ...
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Volume 12, Issue 2, June 2010
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The Municipality's Role In Implementing The Gatherings Act.
Community protests have become prevalent in South Africa in recent times, with the incidence of violence in these protests rising (see page 10). The ongoing ...
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Volume 13, Issue 3, September 2011.
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Service Delivery Protests: Less Frequent, More Violent.
Community protests have become almost commonplace in South Africa. In 2009 protest activity reached a peak of 17.75 protests every month, on average. This ...
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Volume 13, Issue 3, September 2011.
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Riot Damage: Who Pays?
Protest action has become part of South Africa’s political landscape. The extent to which it is increasingly marked by violence is cause for alarm
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Volume 13, Issue 4, November 2011.
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From the Courts: ‘Municipal planning’ and ‘regional planning and development’ Where does municipal planning end and provincial planning begin?
Lagoon Bay Lifestyle Estate (Pty) Ltd v the Minister of Local Government, Environmental Affairs and Development Planning of the Western Cape and Two Others ...
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Volume 13, Issue 4, November 2011.