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Reflections on reforming municipal law and policy in harmony with laws on carriage of hazardous materials by road in South Africa

South Africa is an industrial hub in sub-Saharan Africa and its transport industry is a 333 790 billion-rand industry that significantly contributes to taxes ...

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 ...

Land-grabbing: Municipalities must uphold the Constitution when dealing with unlawful occupiers

Land-grabbing is a term that captures the story of land dispossession in South Africa. The term has its roots in our apartheid history in which the ...

Municipalities may not charge fees to protestors for security and traffic control services

The right to protest is essential to South Africa’s constitutional order. Protests played an important role in South Africa’s transition from apartheid to the ...

Building capacity at the municipal level to develop the local economic development potential of marine resources

Coastal and marine management is a potential area of focus for municipalities in their local economic development initiatives. However, the local government ...

The impact of disaster or crisis on business continuity in the local government sector

A reflection of the impact of disasters in the local government sector provides a good platform for a discussion on the need to implement business continuity ...

SCA invalidates by-laws restricting the transfer of immovable property

In Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others, the Supreme Court of Appeal (SCA) had to determine the ...

City of Cape Town wants to run the metro railway service

A simple google search of South Africa’s railway leads one to pictures and videos of dilapidated railway networks, in sharp contrast of what one would imagine ...

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’) ...

Mines, malls and cellphone masts: how the Constitutional Court confirms the need for municipal approval and government doesn’t seem to want to listen?

In June 2020, the Constitutonal Court handed down an important judgment for local government. In Telkom SA SOC Limited v City of Cape Town and Another, the ...