Volume 1, Issue 4 December 1999

Provinces vs Structures Act: Demarcartion Board Walks off with the Spoils.

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.

Evictions: Municipalities and the Constitution: The Right to Housing.

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

Facing the Language Challenge

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.

A Council's Legislative Powers

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.

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.

Municipal Demarcation Board Circular

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.