Latest Bulletin

Volume 18, Issue 3, September 2023
Author: Tinashe
Published: 07 Aug, 2023
What happens when government fails to listen to rural voices: Constitutional Court declares Traditional and Khoisan Leadership Act unconstitutional
Author: Xavia Poswa

In a victory for rural communities, the Constitutional Court declared the Traditional and Khoisan Leadership Act (TKLA) unconstitutional. The Act came into force shortly before the 2019 national general elections but has now been set aside. The Act regulated aspects of the institution of traditional leadership including the functions of traditional and khoisan leaders, customary law and rural local governance. Why was it declared unconstitutional, and what does this mean going forward?

Constitutional Court gives AARTO the go-ahead: What does the judgment mean for municipalities?
Author: Thabile Chonco-Spambo

On 12 July 2023 the Constitutional Court overturned an order of constitutional invalidity made by the Pretoria High Court (High Court), and instead declared the Administrative Adjudication of Road Traffic Offences Act (AARTO) to be consistent with the Constitution. The AARTO will thus regulate the administration, collection and settlement of fines related to road traffic offences, irrespective of whether the offence is committed on a municipal, provincial or national road.

DDM: Beating the silos, or adding bureaucracy?
Author: Johandri Wright

In his Presidency Budget Speech in 2019, President Cyril Ramaphosa pointed out that government often operates in silos, and lacks coherence in planning and implementation, and that this makes monitoring and oversight of government action difficult.

Local government, crime, by-laws, and law enforcement
Author: David Bruce

This article discusses some of the highlights of the preliminary report on "The state of local government law enforcement” prepared by the Institute for Security Studies for the South African Local Government Association.

Rules for the sometimes unruly
Author: Johandri Wright

The Minister for Cooperative Governance and Traditional Affairs published a Code of Conduct for Councillors on 14 June 2023 (the new code of conduct). This Code of Conduct was made under section 92 of the Municipal Structures Act 117 of 1998. The new Code of Conduct acts as a supplement to the one in Schedule 7 of the Municipal Structures Act.

Court prohibits a traditional leader from allocating municipal land
Author: Xavia Poswa

In November 2022, an article which examined the implications of the Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others judgment was published in the Bulletin. In that judgment, the Limpopo High Court ruled that the Bakgaga Traditional Authority may not allocate municipal land and issue PTOs without the approval of the municipality.