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A New Role For Provincial Treasuries
The Municipal Finance Management Act gives provincial treasuries an important role in supervising municipalities. Whereas the provincial Departments of Local ...
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Volume 6, Issue 1, February 2004
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Amending Municipal Governance Laws: New Rules, New Directions? A focus on the Municipal Systems Amendment Bill
On 29 October 2019, Parliament revived deliberations on the Municipal Systems Amendment Bill (Bill). The Bill had been undergoing stakeholder engagement before ...
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Volume 16, Issue 1, March 2021
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Applying the New Section 139 Intervention Powers: Issues Arising from Practice.
Section 139 of the Constitution permits a provincial government to intervene in the affairs of a municipality under certain specified circumstances of ...
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Volume 7, Issue 1, March 2005.
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Between a rock and a dark place: Municipalities battle to keep the lights on in the face of escalating debt
In the space of one week in September, the country’s load shedding status sent any sniff of foreign investors scurrying for cover, and the City of Tshwane ...
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Volume 17, Issue 4, November 2022
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Budget Meetings Behind Closed Doors? Interpreting the Systems Act on Public Access to Meetings.
Can mayoral committees and executive committees hold meetings behind closed doors about critical issues like draft by-laws or draft budgets? Does section 20 of ...
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Volume 7, Issue 2, May 2005
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Can a provincial government under national intervention intervene in a municipality?
The Constitution confers on the national government supervisory powers over the provincial (and local) governments. It also affords the provincial government ...
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Volume 14, Issue 2, December 2019
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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