Bulletin Archives

The formation of interim forums, commissions or committees is one of the key measures MEC's are taking to facilitate the transition to the new dispensation. Such a structure has already been established for the Cape Metropolitan area and transformation forums for the new district municipalities in the Western Cape are to be established this month. Similar processes are under way in other provinces as well.

Access to tender documents

The final phase of the transition at local government level is due to commence during 2000. Preparation for the final phase has commenced with the redetermination of municipal boundaries across the country.

The Municipal Structures Act 117 of 1998, in accordance with section 157 (4) of the Constitution, instructs the Municipal Demarcation Board to delimit all metropolitan municipalities and all local municipalities that should have wards into wards, after consultation with the Electoral Commission.

The limits of section 26 of the Constitution ( the right to access to adequate housing) and section 28 (1) (c) (children's right to shelter) were recently tested in the case of Grootboom and Others v Oostenberg Municipality, Cape Metropolitan Council, Premier of the Province of the Western Cape, National Housing Board, and Government of the Republic of South Africa.

The Independent Electoral Commission (IEC) is an institution established in terms of Chapter 9 of the Constitution and mandated to manage elections at all spheres of government, including local government. The IEC is a permanent body, unlike its predecessor, with its Head Office in Pretoria, 9 provincial offices and Local Electorate Officers at municipal level.

In 1999 (1) LGL, Bulletin 6, the impact of the recent case of Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council1999 (1) SA 374 (CC) in confirming the new constitutional status of local government structures was highlighted. In this case the Constitutional Court held that 'a local government is no longer public body exercising delegated powers. Its council is a deliberative legislative assembly with legislative and executive powers recognised in the Constitution itself.

Two court cases dealing with evictions: Case One: Vanessa Ross v South Peninsula Municipality (1999) JOL 5298 (C). Case Two: Grootboom and Others v Oostenberg Municipality, Cape Metropolitan Council, Premier of the Province of the Western Cape, National Housing Board and Government of the Republic of South Africa (Case no: 6826/99)0

The entrenchment of multi-lingualism in section 6 of the 1996 Constitution confronts the South African government with the obligation to design and put into practice a language policy that will give effect to the constitutional directives on multi-lingualism.

The intergovernmental Relations Working Group of SALGA has been considering a number of Bills with a view to make recommendations to the organisation on the mandates it has to give to its representatives in the NCOP. These include the Open Democracy Bill, Preferential Procument Policy Framework Bill and the Transitional National Land Transport Bill.

Durban Central Transitional Metropolitan Council (DCTMC) prosecuted Mr Winchester for failing to obtain licenses for his dogs. The DCTMC had acquired this power to prosecute by delegation from the Attorney-General through section 8 of the Criminal Procedure Act 51 of 1977.

The lack of a structured relationship between provincial local government associations and the provinces has been a burning issue. Unlike SALGA, which has the right o take part in the NCOP, and participate in national intergovernmental fora such as MINMECS, provincial associations have no formal communication and cooperation links with their provinces.

To: the Minister for Provincial and Local Government, Government Departments, MEC's responsible for Local Government, SALGA and Affiliates, all municipalities, magistrates, houses of traditional leaders, IEC, media and demarcation stakeholders.

On 15 October 1999, the Constitutional Court laid down judgments on a range of constitutional challenges to the Structures Act 117 of 1998 that had been brought forward b the Western Cape and KwaZulu-Natal provincial executives. Most of the complaints levelled against the Act had to do with the constitutional scheme of the division of powers between the three spheres of government in relation to local government.

The immense importance of the principle of equality in this country is reflected in the very first section of the Constitution in which it is stated that the achievement of equality is one of the founding values of the Republic. Local authorities in particular, have been subjected to many court cases in which their acts or legislative provisions, whether they concerned property or electricity, rates, zoning conditions or even dog licenses, have been alleged to be in conflict with the equality clause.

At its Annual General Congress held in Port Elizabeth during July, SALGA delegates reflected on the role organised local government playing in the area of intergovernmental relations (IGR) and the role it is mandated to play in that area as the voice of local government.

The provinces of KwaZulu-Natal and Western Cape have taken the lead in promulgating their planning and development planning legislation which is intended to set the pace and provide the context within which planning should take place in the respective provinces both on provincial and municipal level.

Section 83 of the Municipal Structures Act stipulates that a municipality has those functions and powers assigned to it in terms of sections 156 and 229 of the Constitution.

On 6 August 1999, Minister Mufamadi published the Local Government: Municipal Systems Bill, 1999 for public comment. The Bill. after due consideration of any comments, should enter the parliamentary process by the end of October 1999 at which stage the public will be given a further opportunity, in the form of public hearings, to make representations.

Visible policing has long been considered as indispensable in the fight against crime and lawlessness. Quick-fix solutions such as rent-a-cop schemes, were put forward as the answer. With the passing of the South African Police Services Amendment Act 83 of 1998, the legal framework has been created for the establishment of municipal police services.

Butterworth, an industrial and business centre halfway between East London and the former Transkei capital of Umtata, made history as the first municipality to be subjected to an intervention by provincial government under the 1996 Constitution The Eastern Cape provincial executive intervened in the Butterworth Transitional Local Council and assumed full responsibility for the administration of Butterworth.

On 17 February 1999, the provincial executive of the Northern Cape Province intervened into the Warrenton municipality On 16 March, the matter was reported to the chairperson of the NCOP and three days later, the NCOP process got off to a start. This article will examine the circumstances that gave rise to the intervention, the handling of the intervention by all concerned and any lessons that may be learnt from it.

The Municipal Council receives ample attention in the Municipal Structures Act. The Act contains provisions on issues such as the election and removal from office of councillors, and the internal proceedings in, and the dissolution of the council. The Act also contains a Code of Conduct. This third part of our series on the structures Act summarises chapter three of the Act that deals with the municipal council, discusses the Code of Conduct as well as the ward committees and the role of traditional leaders in municipal councils.

There are those who say that the old South Africa is alive and well in the workplace. The upper levels of many organisations remain white and male dominated. Left to market forces, transformation proceeds at a snails pace.

Section 139 of the Constitution authorises the provincial executive to intervene in a municipality when it does not fulfil its executive obligation in terms of legislation. This article seeks to introduce the rules and principles that can be derived from the Constitution.

The Constitution demands that each sphere of government must respect the constitutional status, powers and functions of the other spheres and that each should exercise its powers and perform its functions without encroaching on the geographical, functional or institutional integrity of another sphere.

Does a Town Clerk have the Authority to Institute Legal Proceedings on Behalf of the Municipality?

Gauteng Welfare Relations Act 17 of 1998