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Councillors Can Have Their Say: Privilege in Council
Section 161 of the Constitution and section 28 of the Municipal Structures Act protect the freedom of speech of councillors (subject to the council's rules and ...
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Volume 5, Issue 2, May 2003
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Councillors Can Have Their Say: Immunity in Council.
For a democracy to be vibrant, councillors must have the freedom to speak their minds in council. This freedom is protected by the Constitution and the ...
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Volume 8, Issue 1, March 2006.
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Councillors' individual liability
On 11 June 2008, the Cape High Court handed down a judgment that set an important precedent about councillors’ individual liability for taking or supporting ...
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Volume 10, Issue 4, October 2008
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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 Condemns Political Interference in Municipal Appointment.
This judgment deals with the appointment of a municipal manager in a district municipality. It contains the strongest signal yet that the law condemns the ...
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Volume 11, Issue 1 February 2009
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Court rules on effect of councillor walk-out on district elections
In Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others, the Electoral Court had to deal with what happens ...
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Volume 18, Issue 4, November/December 2023
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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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Crisis or Communication Breakdown? Are Our Councillors Listening?
Not that long ago, a democracy promotion organisation arranged a course ti help local councillors improve their capacity to represent voters. The skills it ...
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Volume 9, Issue 4,September/ October 2007.
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Crossing the Floor: The Judgment
On 4 October the Constitutional Court ended a period of political instability that started just less than a year ago with the break up of the Democratic ...
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Volume 4, Issue 4, November 2002
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Crossing the Floor: The Ruls of the Game
The President has signed a set of Bills into law that allow for crossing the floor, This article summarises the Bills insofar as they deal with councillors. ...
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Volume 4, Issue 2, June 2002