Section 6(3) (c) of the Prevention of illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 provides that when a court decides whether an eviction order is just and equitable, it needs to consider the availability of suitable alternative land. The main question is what is meant by this term.
The Supreme Court of Appeal has delivered a significant judgment in which it was required to interpret the provisions of section 78 of the Local Government: Municipal Systems Act, 2000.
The socio-economic rights in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose positive obligation. Through the delivery of basic services municipalities fulfil some of these obligations.
Eight years after the White Paper on Water Supply and Sanitation was published, the National Cabinet approved the strategic framework for Water Services on 17 September 2003. Much has been achieved and the White Paper was used a departure point in formulating the framework, but since 1994 the context has changed significantly.
In 1999, the Nelspruit Transitional Local Authority contracted the British-based multinational BiWater to provide its water services for the next 30 years. This arrangement known as the Nelspruit Water Concession, is the first contract of its kind in the South African water sector.
Earlier this year, the City of Cape Town entered into an innovative public -public partnership with the Department of Water Affairs and Forestry. This is a good illustration of co-operative government principles at work to ensure effective service delivery.
One of the constitutional objectives of local government is to promote a safe and healthy environment for the community, a key aspect is law enforcement. One way to ensure a safe and crime-free living environment is through visible crime prevention.
Before an eviction order can be granted a court needs to determine whether it is just and equitable to do so in terms of section 26 of the Constitution by considering all the circumstances of each case, including the rights and needs of the elderly, children, disabled persons and households headed by woman.
Municipalities will receive greater protection against unfunded mandates in terms of the Municipal Systems Amendment Bill approved in September this year by the Portfolio Committee on Local Government.
Local government is now expected to play a proactive role in the social, economic, and material development of local communities. This means it is an sphere of government for women and for gender equity, as it has the potential to transform woman's lives by providing services such as water, sanitation, clinics, child care facilities, roads and transport.
Public-private partneships (PPP's) are another form of an external service delivery mechanism that municipalities may consider using. Government currently views PPP's as an alternative service delivery mechanism that could be used to address the deteriorating condition of public infrastructure and avert the escalating cost of rehabilitating state assets.
Harmse v City of Cape Town (2003) JOL 11047 (LC)
The core principles, values and features of the new local government system are sound. This is the conclusion of the national Portfolio Committee on Local Government after a major study tour of the municipalities at the beginning of 2003.
The legislature provides two options to a municipality when choosing an external service delivery mechanism after completion of the assessment process prescribed in section 78 of the Municipal System Act.
The recent judgment in the appeal case of Munisipaliteit van Ngwane & Vrystaat Munisipale Pesioenfonds 254/ 2002 AD has attracted much attention and comment from local government practitioners. At issue is whether a municipality falls within the definition of 'state' as referred to in the State Liability Act 20 of 1957, in terms of which no warrant of execution cab be issued against any state owned property.
The Department of Provincial and Local Government held a conference on ward committees on 24-25 June. These are the vehicles through which participatory governance takes place and their effective performance is crucial to the success of proper community participation in local government.
The Minister of Finance released the 2003 intergovernmental Fiscal Review on 8 April. It provides a wealth of information on municipal budgets for the 2002/03 financial year.
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 orders) and grant councillors immunity against civil and criminal liability for anything they say in council.
Highveldridge Residents Concerned Party v Highveldridge TLC and Others 2003 (1) BCLR 72 (T)
The Second Constitutional Amendment Act of 2003 dramatically increases the powers of provincial government to intervene in a municipality, through amendments to section 139. These now provide the constitutional basis for the Municipal Finance Management Bill to empower provincial executives to intervene in a municipality in case of a financial crisis
The recent judgment in the Transvaal Provincial Division case of Summer Symphony Properties 13 CC and BOE Bank v City of Tshwane Metropolitan Municipality and Others has attracted much attention in the press. This is the second recent judgment to deal with section 118 of the Municipal Systems Act, the first having been handed down in the Natal Provincial Division.
The new definition of municipal services puts even more services within the ambit of Chapter 8 of the Systems Act. Municipalities are already under heavy pressure to extend and improve delivery of municipal services.Chapter 8 of the Systems Act is supposed to facilitate this process, but it is questionable whether it achieves its purpose or whether it instead puts additional burden on already limited municipal resources.
This note discusses the meaning behind a municipalities name.
