Bulletin Archives

Parallel councils and duplicate management teams: The crisis in Thabazimbi Local Municipality

The Thabazimbi Local Municipality in Limpopo has been dysfunctional since 2021, paralysed by parallel municipal councils and management teams led by rival African National Congress (ANC) and Democratic Alliance (DA) coalitions.

Is national government’s approach to local government roadworthy? Vehicle testing sites and unfunded mandates

The law contains many provisions that charge municipalities with responsibilities that are not part of local government’s constitutional mandate. They are often referred to as ‘unfunded mandates’ because they create expectations on municipalities, often without any arrangement to support municipalities to perform a function that is not theirs.

Poor service delivery and the struggle for transformative constitutionalism in Nogqala Village

Before the advent of South Africa’s democracy, the black majority, particularly those situated in rural communities, endured substantial hardship. The apartheid government failed to recognise, protect, enforce and fulfil their fundamental human rights and freedoms. As a result, many communities were left in a state of neglect, characterised by poor socio-economic development, dilapidated infrastructure and a lack of access to essential services.

Are senior municipal managers’ declarations of financial interests being published?

The Auditor General of South Africa has over the years exposed possible corruption, maladministration, and irregular expenditure in local government. These challenges to good local governance can be attributed to the lack of transparency and absence of consequence management, to name a few.

Fixing the gaps in whistleblower protection: developments from 2023 – 2024

Local government’s challenges are exacerbated by corruption. It results in wasteful and fruitless expenditure, compromises service delivery, and increases financial distress. Corruption has also facilitated the growth of organised crime networks that infiltrated sectors such as development, housing, and water.

The problem with government’s response to spaza shops: the Standard Draft By-Law for Township Economies

The nature of standard draft by-laws is sometimes misunderstood and this may cause legal problems. The Local Government: Municipal Systems Act, 2000: Standard Draft By-Law for Township Economies (Standard Draft By-Law for Township Economies) is an example of this.

Constitutional Court stops a Municipality from abusing judicial self-review

The self-review of procurement decisions by governmental institutions, such as municipalities, has again come under the spotlight in a recent Constitutional Court ruling involving the Greater Tzaneen Municipality.

Personal Liability for Unauthorised, Irregular, Fruitless and Wasteful Expenditure

Financial health and sustainability remain one of the foundation blocks for functioning municipalities. Without good financial management, municipalities are unable to fulfil their mandates and deliver uninterrupted services.

Can traditional leaders exercise their land allocation authority to block developments in their areas of jurisdiction?

In a series of judgments, the courts have made it clear that the unlawful practice of allocating municipal land by some unscrupulous traditional leaders needs to stop.

The invasion of municipal land: A view from practice

Local government is partially responsible for fulfilling the right to housing. This responsibility is not without challenges.

The limits of the power of traditional leaders to allocate land

Over the past two years, the Local Government Bulletin has published a series of articles examining judgments concerning the power of traditional leaders to allocate land.

A review of the Public Procurement Act of 2024: Ministerial regulatory powers

This article, part of a series covering the Public Procurement Act, discusses the delegation of law-making powers to the responsible Minister.

What does the GNU mean for traditional leaders: ideas for discussion?

The recently constituted Government of National Unity (GNU) continues to dominate the news and political landscape of South Africa. This article reflects on the position adopted by and the concerns raised by traditional leadership during the process of establishing the GNU and shares ideas to shape the discussion on the review of the role of traditional leadership in South Africa’s governance framework.

Irregular appointments of municipal managers: A key challenge to effective service delivery

Municipal managers are appointed by the municipal council under section 54A of the Local Government: Municipal Systems Act 32 of 2000 (Systems Act). They act as the link between the council and the administration.

Municipalities beware – the counter-spoliation bar just got higher

Headline: Perhaps it is a bit controversial to bring the Bible into local government matters, however, this particular wisdom from the Bible is suited for this discussion. The Bible contains many scriptures that speak about taking back what belongs to you, encouraging one to reclaim what is rightfully yours.

The City of Ekurhuleni escapes High Court’s “non-consensual” consent order

Headline: The phrase “don’t talk to me, talk to me my lawyer” backfired when the City of Ekurhuleni (the City) found itself bound to a consent order granted by the Johannesburg High Court on 12 February 2020.

After six years of waiting: The Climate Change Act 22 of 2024

On 18 July 2024, President Ramaphosa signed the then Climate Change Bill into law. The new Climate Change Act 22 of 2024 marks a significant milestone in South Africa’s journey toward building climate resilience. However, the commencement date has not been proclaimed yet, which means that the Act has not yet come into operation.

The Public Procurement Bill becomes law: What are the new changes?

On 23 July 2024, President Cyril Ramaphosa assented and signed into law the Public Procurement Act 28 of 2024 (PPA). This article forms part of a series of articles which unpack the key legal and institutional changes introduced by the Act.