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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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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 orders national government to leapfrog into Lekwa Local Municipality
Failed service delivery at municipal level is not a new phenomenon. In recent times, however, communities, non-governmental organisations and private companies ...
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Volume 16, Issue 3, September 2021
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Court Rejects the Traditional Method of Intervention in Municipalities.
As the local government turnaround strategy gains momentum (see page 7 and the editorial) and energy is focused on assessing the state of local government, the ...
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Volume 12, Issue 1, March 2010.
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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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Courts as a check on provincial interventions: the Makana and Tshwane interventions
Provincial intervention under section 139 of the Constitution is one of the many mechanisms available to provinces to rectify problems at municipal level. This ...
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Volume 15, Issue 2, June 2020
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Courts forcing provinces to intervene in dysfunctional municipalities: case study of Makana Local Municipality
When a municipal council delays or fails to implement a financial recovery plan imposed by the province, can the provincial executive dissolve the council? ...
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Volume 15, Issue 1, March 2020
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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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Dissolution of the Lekwa Teemane Council.
On 21 January 2004 the Provincial Executive of the North West approved a resolution to dissolve the Lekwa Teemane Local Council in terms of section 139 (1) (c) ...
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Volume 6, Issue 3, July 2004
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Easing Interventions in Local Government: The Proposed Constitutional Amendment
The proposed amendment to section 139 (2) of the Constitution, tabled in Parliament in August, creates new grounds on which a province may intervene in a ...
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Volume 4, Issue 3, September 2002