News

Provincial governments are not intervening when they are supposed to: The Case study of Emalahleni Local Municipality

The latest municipal audit results (2017-18) released by the Auditor-General (AG), Kimi Makwetu, found amongst others that a third of municipalities are not in a financial position to pay their creditors. The financial woes of municipalities weigh heavily on municipal creditors, in particular, bulk services suppliers, such as Eskom and water boards. As of June 2018, municipalities owed Eskom R18,26 billion with arrears amounting to R9,12 billion while debt to Water Boards stood at R 9,05 billion with arrears at R5,85 billion, respectively.

Amendment of the Local Government Municipal Structures Act: Is local government finally structured for success?

On 21 February 2019 the then Minister of Cooperative Governance and Traditional Affairs, Dr Zweli Mkhize, delivered his address on the Municipal Structures Amendment Bill in Parliament. In his address he stressed that the Amendment Bill is aligned to the tasks that President Cyril Ramaphosa mentioned when giving the State of the Nation Address in February 2019. Among these tasks is the need to accelerate inclusive growth, job creation, improving the education system, improving the conditions of life for all South Africans, fighting state capture and corruption, skills development and strengthening the State’s capacity to respond to the needs of the people. Dr Mkhize further stressed that the Amendment Bill will strengthen municipal governance and address the management of local government elections. It remains to be seen whether this will be yet another case of over-promising and under-delivering by our government or a win for effective governance in municipalities.

The Local Government Bulletin: Back to the Future

The Dullah Omar Institute is very proud to re-introduce the Local Government Bulletin, our regular newsletter with articles, updates and opinion pieces on local government law, policy and practice. The first Bulletin appeared in 1999, on the eve of the first democratic local government elections. The founding editors were Nico Steytler (now South African Research Chair in Multilevel Government) and Johann Mettler (now City Manager of Nelson Mandela Bay Metropolitan Municipality) assisted by Jaap de Visser (now Director of the Dullah Omar Institute).

Dullah Omar Institute, Laws.Africa and OpenUp host a Municipal By-laws Workshop Dullah Omar Institute, Laws.Africa and OpenUp host a Municipal By-laws Workshop

On the 13th July 2019, Laws.Africa together with OpenUp and two students sourced from the Dullah Omar Institute (DOI) successfully hosted a one-day youth orientated By-laws Workshop to the Cape Agulhas Youth Council in Bredasdorp. In attendance were, among others, officials from the Cape Agulhas municipality including the Deputy Mayor.

Organisations set agenda with demands for 6th Parliament

A group of civil society organisations recently came up with a mixed bag of demands for Parliament, ranging from improving the institutional health and culture of the parliamentary administration to ongoing ethics training of MPs during their term.

Claim back ‘Proudly South African’ – Boesak Claim back ‘Proudly South African’ – Boesak

South Africans were reminded on Saturday not to think that the state of the ANC is the measure of where we are as a people. Struggle activist and theologian Dr Allan Boesak gave a memorial lecture at the District Six Museum in celebration of late minister of justice Dullah Omar and late Judge Essa Moosa’s contribution to the law in South Africa.

Claim back ‘Proudly South African’ – Boesak Claim back ‘Proudly South African’ – Boesak

South Africans were reminded on Saturday not to think that the state of the ANC is the measure of where we are as a people. Struggle activist and theologian Dr Allan Boesak gave a memorial lecture at the District Six Museum in celebration of late minister of justice Dullah Omar and late Judge Essa Moosa’s contribution to the law in South Africa.

SOE Bill should be expedited: Deputy Minister SOE Bill should be expedited: Deputy Minister

Despite public pressures for urgency in addressing problems in state-owned entities (SOEs), there is still a long road ahead for government’s new law meant to regulate these entities if the Department of Public Enterprises’ Annual Performance Plan (APP) is anything to go by. In the APP it is envisaged that the Shareholder Management Bill which will govern all SOEs, will only be adopted into law by the 2020/21 financial year.

Best price or best practice? - How government fails at gender responsive procurement Best price or best practice? - How government fails at gender responsive procurement

Government departments surveyed by the Commission for Gender Equality (CGE) is failing at gender responsive procurement and generally show a lack of understanding of these critical transformation provisions, a recent report found. The CGE in the 2018/19 financial year surveyed a small sample of departments on their gender transformation efforts in public procurement. The CGE’s report tabled in Parliament in June showed most of the departments surveyed failed to integrate gender as a main component in their procurement practices.

MEDIA STATEMENT: Poverty is not a crime! MEDIA STATEMENT: Poverty is not a crime!

Recent media reports highlighting the issuing of fines to homeless people based on laws or city by-laws which prohibits people from sleeping in any undesignated area or obstructing sidewalks sparked much outrage, with officials presenting arguments woefully justifying the existence and enforcement of these provisions with generalised statements.