Volume 13, Issue 3, September 2011.

After much anticipation and a lengthy process of review, the new regulations under the Preferential Procurement Policy Framework Act of 2000 (Procurement Act ) have finally been released. The Preferential Procurement Regulations 2011 will only take effect on 7 December 2011, but clearly hold implications for the way in which municipalities procure goods and services. In this article, the most essential aspects of the regulations are highlighted.

Community protests have become prevalent in South Africa in recent times, with the incidence of violence in these protests rising (see page 10). The ongoing strike by the South African Municipal Workers’ Union (SAMWU) provides a classic example of gatherings with a high level of violence.

Community protests have become almost commonplace in South Africa. In 2009 protest activity reached a peak of 17.75 protests every month, on average. This prompted the Community Law Centre to survey data on the frequency of protests and on some of the underlying causes. A report, Community Protests in South Africa: Trends, Analysis and Explanations, was produced in August 2010 (see LGB 12(4), pp 14–16). Jelani Karamoko, an intern from Harvard Law School, recently updated the report to reflect current data on media-reported community protests. While the update produced some new findings, it also confirmed many of the trends that had already been identified.

The proposals contained in the Local Government: Municipal Property Rates Amendment Bill (see LGB 13(2), July 2011, pp 13–15) have attracted much attention. The media, the public and estate agents have all critiqued the provisions on the rating of residential properties which are not the primary residence of the property owner: for example, investment properties that have been purchased to let, or holiday residences.

The South African Municipal Workers’ Union made allegations of serious financial irregularities and mismanagement of fiduciary duties against the municipal manager of the Greater Taung Local Municipality, Mr Mpho Mofokeng.

Electoral Commission of the Republic of South Africa v Inkatha Freedom Party (CCT 33/11) [2011] ZACC 16 (10 May 2011)

The court in this case confirmed that it was unfair for an organ of state to afford one bidder an opportunity to amend its bid after the close of tenders and before evaluation and not allow other bidders to do the same. This is particularly the case where an organ of state indicates in the bid documents that non-compliant bids will be disqualified.

On 16 July 2009 the Department of Cooperative Governance and Traditional Affairs (COGTA) launched an ambitious project dubbed ‘Operation Clean Audit 2014’. This operation is part of a bigger project called ‘Operation Clean Up’, which has three other components: Clean Cities and Towns, Debt Collection, and Public Mobilisation and Revenue Enhancement.