Volume 16, Issue 2, June 2021

Stepping aside, But then What? How the ANC's Resolution affects councillors

The African National Congress (ANC) is implementing a resolution, which provides that members who face criminal charges for corruption, must ‘step aside’. It means, amongst other things, that these members may no longer represent the ANC on any public body. How does this affect ANC members who represent the party as councillors? And what does it mean for the municipality in which they serve?

SCA tells Eskom to exhaust alternative dispute resolution before cutting electricity

Eskom is struggling to recover monies owed to it by municipalities for the supply of bulk electricity. Municipal debts to Eskom have ballooned to alarming proportions. To address this, Eskom introduced a debt recovery process that would see the supply of electricity to many indebted municipalities cut off, or limited. In Eskom Holdings SOC Ltd v Resilient Properties (Pty) Ltd and Others, the Supreme Court of Appeal ruled that Eskom‘s decision to cut off electricity to Emalahleni (ELM) and Thaba Chweu local municipalities (TCLM) was unconstitutional.

Why appeals against tender awards by the municipal manager are unlawful

Separating politics from administration is the cornerstone of the fight against corruption and maladministration in municipalities. When councillors meddle in the administration, and/or administrators interfere with politics, bad governance and, ultimately, service delivery failure is almost always the result.

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 Financial Recovery Plan? According to the Western Cape High Court, in Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others the answer is no. The Court stopped Kannaland Municipal Council from implementing a Public-Private Partnership (PPP) contract involving the outsourcing of electricity after the Municipality had acted unlawfully and at the detriment of its financial sustainability.

The ‘download’ on personal information: The Protection of Personal Information Act and Municipalities

In an age of information warfare, identity theft and the mismanagement and commercialisation of personal information in the digital world, the right to privacy in the Constitution and the Protection of Personal Information Act 4 of 2013 (POPIA) are vital tools that must be used to mitigate the risks that ordinary citizens face when sharing personal information. This article reflects on the question of whether municipalities, which are often the primary interface between citizens and government, are ready to implement and fulfil the requirements of POPIA and more specifically, it examines the obligations which municipalities now bear to lawfully process personal information.