On 18 July 2024, President Ramaphosa signed the then Climate Change Bill into law. The new Climate Change Act 22 of 2024 marks a significant milestone in South Africa’s journey toward building climate resilience. However, the commencement date has not been proclaimed yet, which means that the Act has not yet come into operation.
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.
This article discusses whether Eskom can decrease bulk electricity supply to defaulting municipalities in terms of a bulk supply agreement without informing the local citizens and businesses residing in a municipality’s jurisdiction. This issue was considered in Eskom Holdings SOC Ltd v. Vaal River Development Association (Pty) Ltd and Others, where the Constitutional Court (CC) confirmed that Eskom may reduce bulk electricity supply to municipalities, subject to it following a fair process, as prescribed in law.
The issue of municipal debt to Eskom is an ongoing concern as noted earlier in the Bulletin. The MEC: Northern Cape Provincial Government: Department of Cooperative Governance and Traditional Affairs v The Renosterberg Local Municipality forms part of a series of cases that attempts to navigate the issue. While Eskom is permitted to collect its dues from municipalities, it may not do so in a way that significantly impairs a municipality’s ability to operate and deliver services to its citizens.
In City of Cape Town v the Minister of Energy, the Court had to decide whether the case between the City of Cape Town and the national Minister responsible for energy (the Minister) amounted to an intergovernmental dispute which had to be resolved in terms of dispute settlement procedures provided for in Chapter 3 of the Constitution and Chapter 4 of the Intergovernmental Relations Framework Act 13 of 2005. The Court ruled that the dispute between the City and the Minister was an intergovernmental dispute which the parties should have resolved in terms of the Intergovernmental Relations Framework Act before any of the parties could approach a court of law for resolution.
Courts have on several occasions delivered judgments which held that Eskom must first exhaust the alternative remedies available to it to hold municipalities accountable for non-payment for bulk electricity supply before approaching the courts for further relief or restricting bulk electricity supply.
The School for Public Leadership at Stellenbosch University in partnership with the Hanns Seidel Foundation conducted a research study on the impact of the Covid-19 pandemic on municipal fiscal sustainability in the Western Cape (WC) province, which was completed in April 2021.
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.
The Practice of Premier's Intergovernmental Forums
The Intergovernmental Relations Framework Act, which came into effect on 15 August 2005, requires that all provinces must have established Premier's Intergovernmental Forums within one year of the Act coming into operation. That year has come and gone. Have the PIF's been established? Are they functioning as envisaged by the Act?
The Intergovernmental Relations Framework Act: A Year in the Provinces and Districts.
The Community Law Centre hosted a national conference on the Intergovernmental Relations Framework Act. A year in the provinces and districts at the University of the Western Cape. The aim of the conference was to review the implementation of the Intergovernmental Relations Framework Act, No 13 of 2005.
District Intergovernmental Forums: Measuring Compliance With the Act.
The Intergovernmental Relations Framework Act requires that, within one year of its coming into operation, districts must have established district intergovernmental forums. Has this been done and are they functioning effectively?
Calming the "Cape storm" Intergovernmental Relations in Action.
The highly politicised dispute in the City if Cape Town about a proposed change in the system of governance from an executive mayoral system to an executive committee system was finally resolved by an agreement between Mayor Helen Zille and MEC Richard Dyantyi. The dispute settlement mediated by Minister Sydney Mufamadi is a good illustration of how the intergovernmental Relations Framework operates in practice.
District Intergovernmental Forums: Best Practices From the Past
By August 2006, all district municipalities must have established district intergovernmental forums. The intergovernmental Relation Framework Act of 2005 prescribed these forums to provide a framework for co-operation and co-ordination between districts and their locals.
The District Health System: Place and Role of Local Government.
The National Health Act 61 of 2003 ushered in a new era in the development of South Africa's health system. Health sector reforms in South Africa are geared towards a comprehensive and integrated national health system, based on the primary health care approach and delivered thorough the a district health system. The Act envisages a municipality based district health system and thus has significant implications for local government.
Managing District-Local Municipal Relations.
The Relationship between district and local municipalities varies from cordial and cooperative to conflictual and unproductive. What causes this conflict and ultimately poor service delivery? Can it be managed? The new intergovernmental Relations Framework tries to solve this problem by establishing district intergovernmental forums.
Expanded Public Works Programme: Role of the Municipalities.
The Expanded Public Works Programme (EPWP) will spend R15 to 20 billion on labour-intensive projects by 2009. The short-term goal is to create a million temporary jobs to alleviate poverty, especially in rural areas. This article discusses the four sectors of the EPWP.
Community Development Workers.
In his 2003 State of the Nation Address, President Thabo Mbeki announced that "government will create a public service echelon of mutli-skilled community development workers". The community development worker programme is an effort to deepen democracy at the local level and is intended to give citizens direct access to government in a people-centred way.
Making Headlines: Intergovernmental Relations Framework Act Finally in Operation.
The Intergovernmental Relations Act 13 of 2005 was signed into law by the President on 10 August and took effect on 15 August 2005. The implementation of the Act brings a long process of consultation and drafting to a close. The next step is the implementation of the Act.
From the Courts: Outdated Ordinances- A constitutional Headache
This case highlights the need for provincial governments to carefully re-evaluate all ordinances predating the constitutional dispensation because in all likelihood, many of their provisions are unconstitutional.
Defining Local Government Powers: The Need For Guidance.
The powers and functions of local government are listed in schedules 4B and 5B of the Constitution. The schedules list functional areas without detailed definitions of each area. There is a considerable overlap between local government functional areas and those of provincial government, listed in Schedules 4A and 5A. Due to this, there is a degree of confusion about who does what. A lack of clarity about role definition may prejudice service delivery and cause conflict over resources and authority.
Cross-Boundary Municipalities to Dissapear: New Provincial Borders.
Cross-boundary municipalities are set to disappear on the date of the forthcoming elections local government election. On that date, provincial borders and the current cross boundary municipalities will be incorporated in one or other province. Five provinces are affected by the disappearances of 16 cross border municipalities. In addition, there will be a shift of municipalities between KwaZulu-Natal and the Eastern Cape.
United Cities and Local Governments of Africa: Crystallisation of Local Government in Africa.
Africa has a rich history of indigenous and traditional forms of local government. However, lack of coherence between local government and traditional forms of local government are prevalent throughout the continent. The time for unified local government has arrived.
Service Delivery Agreements: Who Reads Them?
Who can own up to having read a standard service delivery agreement from start to finish and having understood it all? Very few people, i imagine. In the main, service delivery agreements are notoriously long, complex and wordy and are usually filled with legalese. They make little attempt to help the reader gain a meaningful understanding of the basic terms governing the contracting parties relationship. In short, they are inaccessible to the ordinary reader.
President's Co-ordinating Council Meets.
The President's Co-ordinating Council is a consultative forum for the President to raise matters of national interest with Premiers and organised local government on the implementation of national policy and legislation in provinces and municipalities. This article discusses the role of the forum with a specific focus on Project Consolidate.
KwaZulu-Natal's New Premier Co-ordinating Forum
On 19 April 2005, a new intergovernmental forum was launched for the provincial government and municipalities in KwaZulu-Natal. The Forum reflects the structure and spirit of the Intergovernmental Relations Framework Bill of 2005 currently before Parliament. This article discusses the objects, composition, functions, and functioning of the forum.
Outsourcing Municipal Services and Skills Transfer.
The Local Government Project conducted a survey of a wide range of current South African service delivery contracts to see how their actual contract terms assist in achieving the outsourcing objectives and how they provide for the common dangers. The objective was to get a general idea of the these service delivery contracts entail. This article focuses on what they contain on the issue of skills transfer,.
Intergovernmetal Relations Framework BIll: The Place for Local Government.
The intergovernmental relations framework bill, tabled in Parliament in February, establishes and entrenches the role and place of local government in our system of coo-operative government.
Applying the New Section 139 Intervention Powers: Issues Arising from Practice.
Section 139 of the Constitution permits a provincial government to intervene in the affairs of a municipality under certain specified circumstances of non-performance. Such an intervention has serious consequences for the municipal council's authority to govern. In 2003, provincial government's intervention powers were increased significantly. Most importantly, the revised wording for the dissolution of a council and for interventions in the event of so-called financial emergencies.
Single Public Service: Challenges Ahead
For many years, municipal councils have enjoyed the freedom to determine the recruitment, appointments, promotions, transfers and dismissals of their employees. This is in line with section 160 (1) (c) of the Constitution, which provides that a municipality may employ personnel that are necessary for the effective performance of its function.
Powers Over Liquor Matters: A Case Study of Provincial and Local Powers over Retail Liquor.
The demarcation of local government powers vis-a-vis other spheres of government is fast becoming a critical area of research and intergovernmental dialogue. It is expected that municipalities will start asserting their institutional integrity. This article presents a case study of the demarcation of the powers of local government in the regulation of the liquor retail industry.
Ward Delimitations for the 2005/2006 Local Elections
South Africa is gearing up for the next local elections, which are to be held between December 2005 and March 2006. It is expected that the election date will be announced by the Minister of Provincial and Local Government in the second half of 2005.
Dissolution of the Lekwa Teemane Council.
On 21 January 2004 the Provincial Executive of the North West approved a resolution to dissolve the Lekwa Teemane Local Council in terms of section 139 (1) (c) of the Constitution.
A New Role For Provincial Treasuries
The Municipal Finance Management Act gives provincial treasuries an important role in supervising municipalities. Whereas the provincial Departments of Local Government were responsible in the past for most aspects of local government, including monitoring municipalities financial well-being, provincial treasuries will now perform important functions with regard to monitoring of, and intervening in municipalities.
Co-Operative Government at Work.
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.
The 'Big Four' Functions: Finality on SIght
On 3 June 2003, Minister Sydney Mufamadi published a notice for all nine provinces which revokes authorisation in terms of section 84 (3) of the Municipal Structures Act. These authorisations deal with four important district municipal functions, namely,the bulk supply of water, electricity and sewage purification works and municipal health services.
Getting Municipalities Out of the Red
More than a thousands delegates comprising municipal political office bearers and officials, local government MEC's provincial local government heads of department, national politicians and officials and organised local government attended a two-day Municipal Viability indaba at the Sandton Convention Centre on 5 and 6 December 2002.
Intergovernmental Relations in the North West.
The North West Provincial Intergovernmental Forum was officially launched in July 1997.
Intergovernmetal Dispute Resolution: Jaw don't War
Conflict is one of the realities of political and social life. All governments face similar challenges as they cope with the pressures of modern social and economic life. How they respond to those challenges is an important ingredient in the well-being of their citizens, Local Government will also have its share of disputes among municipalities, but also among with the other spheres of government.
Intergovernmental Relations in the Western Cape
The need for an intergovernmental structure was identified in order to streamline the transformation process in the Western Cape.
From SALGA: immigration Bill: Another Unfunded Mandate?
This is an abbreviated version of SALGA's submission to the joint session of Parliament's Portfolio Committee on Home Affairs and the Select Committee on Social Servies dealing with the Immigration Bill.
Assignment to Local Government
When the new Premier of the Western Cape took office in January 2002, he vowed to devolve as many provincial functions as possible onto local authorities which have the capacity to perform them. Assignment is the most important way of bringing functions down to local government.
Province not Liable for Municipal Debts.
MEC for Local Government, Mpumalanga v IMATU 2002 (1) SA 76 (SCA)
President's Coordinating Council sets Agenda for Local Government
At a special President's Coordinating Council (PCC) workshop on 14 December 2001, the agenda was set for building a strong and development-oriented local government. The PCC adopted wide-ranging resolutions which chart the way forward in both the short and medium term.
Municipal Finance Management Bill under Scrutiny
During February and March 2002, the National Assembly's Portfolio Committee on Finance received submissions on the Municipal Finance Management Bill. This article summarises concerns about the Bill which were raised by the Community Law Centre.
Making Local Government Work Better
Knowledge creation and sharing are intensified at the annual Knowledge Week gatherings at the DBSA, as development practitioners interact and debate current development issues that impact on the aspirations of South Africa and the region.
The Evolution of Intergovernmetal Relations
The Intergovernmental Relations Framework Act (the Act) took effect on 15 August 2005. With it came the promise of cooperative governance and a ‘seamless’ government, through which the constitutional ideals of cooperation in good faith and mutual trust between the spheres of government could be realised. It was hoped that this would result in spheres coordinating their actions and legislation, and assisting, supporting, informing and consulting one another.
Monkey Business: A Case Study of Roles and Responsibilities.
The issue of mandates and functions continues to occupy the minds of many local government practitioners, and the question of who is responsible for Cape Town’s rebellious baboons is an interesting case study. This article examines the issue and makes suggestions for a possible solution to this particular monkey puzzle.
From the Provinces: Implementing Intergovernmental Relations in the Eastern Cape
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.
From SALGA: Participation in the NCOP.
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.
From SALGA : Annual General Congress: Focussing on Intergovernmental Relations.
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.
Co-operative Government in the Systems Bill
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.
