On 20 February 2001, the Acting President issued the proclamation in terms of section 124 of the Local Government Municipal Systems Act 32 of 2000, determining its coming into operation. On 1 March 2001 chapters 1 to 4 and 7 to 12 came into operation.
This is a report from the Municipal Demarcation Board and the Department of Provincial and Local Government on the process of division of functions between district and local municipalities
On 12 March 2001, the South African Local Government Association conducted a workshop to deal with the role and function of the speakers.
Grootboom v OOstenberg Municipality
This article is based on a discussion document prepared for SALGA by the Local Government Project of the Community Law Centre.
One of the objects of local government in terms of section 152 (1) (e) of the Constitution is to encourage the involvement of communities and community organisations in local government. Chapter 4 of the Municipal Systems Act deals with community participation.
The establishment of new municipalities is on our doorstep and it is crucial that certain financial and other related issues be addressed as a matter of extreme of urgency.
The final stage of local government transformation commences formally with the holding of the first meeting of the newly elected councils.
This is an edited version of a framework document, dated 11 October 2000 and prepared jointly by the Municipal Demarcation Board and the Department of Provincial and Local Government.
The Structures Amendment Act 33 has of 2000 allocated functions that were traditionally local municipalities functions to district municipalities.
The municipal elections on 5 December will allow us to begin to set in place a new, democratic, non-racial municipal order.
On 26 July 2000, Minister Mufamadi established a Special Task Team for the Establishment of Municipalities (STT) to assist provinces in dealing with problem areas pertaining to the establishment process.
The position of traditional leaders in local government was the last hurdle that had to be crossed before the election date could be announced by the Minister of Provincial and Local Government.
On 21 September 2000 the National Assembly approved important amendments to the Municipal Structures Act. The National Council of Provinces Approved the bill on 3 October. It is expected that the Local Government Structures Amendment Bill B51B-2000 will become law by middle-October.
District municipalities, having shared authority with local municipalities will be a significant innovation brought by the final phase of local government transformation. It is therefore important to clearly define the role and function of 47 district municipalities that will be established on election day in November.
A district municipality covers the same area as the local municipalities within its district. In other words, a number of local municipalities together make up a district municipality.
The Constitution requires from provinces to monitor, support and, if necessary intervene in a municipality. The new local government dispensation, establishing metropolitan, district and local municipalities, will impact on the way provinces execute their constitutional obligations of monitoring and support. This article examines how provinces should respond to those challenges.
The SALGA Elections Strategy comprises two main focus areas. Part one of the strategy relates to the Record of Understanding that SALGA entered into with the IEC. Part two represents SALGA specific issues regarding the elections and the period immediately after elections.
The Board will continue to consider boundary changes but for purposes of the elections the Board is only considering submissions which should clearly be made now.
As from the day of the forthcoming local government elections, local government's legislative and executive powers are going to be squarely based on the Constitution.
Section 3 of the Local Government: Municipal Systems Bill provides that (1) Municipalities must within the constitutional system of co-operative governance envisaged in section 41 of the Constitution seek to integrate the exercise of their legislative and executive authority with the policies, programmes, legislation and institutional arrangements of the national and provincial spheres of government.
Sixteen cross-border municipalities at district, metropolitan and local level, will be established come the municipal elections in November. This is a bold experiment which is not without its political and administrative difficulties.
The demarcation process has created a rationalised system of municipal governance: 6 metropolitan municipalities, 47 district municipalities, with the latter having some 232 local municpalities. These municipalities vary enormously in terms of their economic, financial, social and administrative bases.
City of Cape Town's By-law 1959 of 1966 requires any person, intending to display a sign, to make a written application for prior approval by the municipality. Displaying or attempting to display a new sign without prior approval constitutes an offence.
Prior to the previous amalgamation process, some municipal councils engaged in measures designed to bind the succeeding councils into an array of long term agreements. Such measures included the entering into of long term employment contracts, granting of additional remuneration and allowances, leasing of council land and property for extended periods and other similar schemes that had an adverse effect on the finances of municipalities.
The new electoral system for local government represents a novel and intricate combination of party representation and ward representation. The system is outlined in the Municipal Structures Act 117 of 1998 (MSA) and in the forthcoming Local Government: Municipal Electorate Act.
The establishment of 285 new municipalities is to come into effect on the day the forthcoming elections are held. The six metropolitan municipalities, 47 district municipalities and the 232 local municipalities are to be established in terms of the section 12 notices.
At the Africities 2000 summit, held in Windhoek on 15-20 May 2000, ministers of local government and of finance on the African continent, mayors, leaders and members of local government associations in Africa, researchers and eminent personalities from Africa and beyond adopted the Windhoek Declaration, which includes the followiing " African Vision on Decentralisation":
