Bulletin Archives

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.

A summary of the Municipal Structures Amendment Bill 2024

About 70 municipalities are governed through coalition governments. Coalition governments are formed between parties and interests when no single political party holds a majority of seats on the council.

The PAIA barrier to access municipal records: Is this right?

Municipalities are required to share an assortment of records and information with the public. There are multiple reasons behind this mandate, but the most important one is to promote transparency and, by implication, public participation in governance.

The conduct of men: The biggest barrier for women leadership in local government

The success of local government depends on, among other good governance principles, ethical and accountable political and administrative leadership. Research conducted by the University of the Free State (2024), on behalf of the Local Government Sector Education and Training Authority (LGSETA), assessed the competencies and constraints on optimal performance of appointed and elected women leaders in the local government.

Enhancing evidenced based human resource development implementation capabilities in local government

The Local Government Sector Education and Training Authority (LGSETA) commissioned the University of the Free State (2024) to assess the applicability of evidenced based human resource development (HRD) practices for local government. The study concluded that HRD is not being effectively measured and managed despite the 26-year-old enabling HRD legislative framework comprising of the Skills Development Act of 1998 and the Employment Equity Act of 1998.

Social service delivery in Ghana: Assessing the credibility and equity of composite budgets in the delivery of social interventions at the sub national level

The concept of decentralisation has been discussed widely in literature as a key approach for bringing development closer to the citizenry. The effective allocation and use of scarce resources underpins this concept through the promotion of popular participation and social accountability.

The failure to spend the Municipal Infrastructure Grant and the lack of consequence management

The Municipal Infrastructure Grant (MIG) was introduced in 2004 to address infrastructure backlogs and to improve service delivery in local communities. It is a conditional grant, meaning that it is provided by the national government to municipalities on the condition that the funds are spent on specific infrastructure projects.

The Supreme Court reaffirms municipalities' power to cut electricity supply to combat non-payment

The problem of non-payment for municipal services, such as water and electricity, and the termination of those services due to non-payment has once again gained the spotlight. In  City of Tshwane v Vresthena Pty Ltd, the Supreme Court of Appeal (SCA) had to determine whether a municipality could be interdicted from implementing its credit control by-laws, which provides for the termination of electricity supply in the event of non-payment.

The role of municipal leadership in accelerating transformation and service delivery

Municipal leadership is a driver of transformation and an agent of improved service delivery in South African municipalities. A study commissioned by the Local Government Sector Education and Training Authority (LGSETA) established that, despite various efforts to transform municipalities and enhance service delivery through effective leadership, evidence suggests that local government leadership faces many challenges that impede its efforts to transform and improve service delivery.

Call for comments on the Proposed Revised National Standards of Policing for Municipal Police Services

The National Commissioner of Police has called for comments on the Proposed Revised National Standards of Policing for Municipal Police Services with regard to, firstly, crowd management during gatherings and demonstrations and, secondly, the arrest and treatment of an arrested person until such person is handed over to a community service centre commander.