Local Government Bulletin

Volume 7, Issue 4, September 2005
Author: MLGA (Community Law Centre)
Published: Sep 21, 2017
Cross-Boundary Municipalities to Dissapear: New Provincial Borders.
Author: Prof Nico Steytler

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.

The Property Rates Act: A Tool For Poverty Alleviation.
Author: Achmat Toefy

Property rates are an important source of revenue for municipalities and this is reflected in the preamble to the Property Rates Act of 2004.There is a need to provide local government with access to a sufficient and buoyant source of revenue necessary to fulfil its developmental objectives. At the same time, however, a municipality's financial health should not be attained at the unjustifiable expense of the poor within its area. The power to impose rates should take into account the imbalances of the past and the burden of rates on the poor.

Defining Local Government Powers: The Need For Guidance.
Author: Prof Nico Steytler

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.

The Service Delivery and Budget Implementation Plan.
Author: Lehlonoholo Kennedy Mahlatsi

Each municipality classified as high capacity in terms of the Municipal Finance Management Act 56 of 2003 is required to compile a service delivery and budget implementation plan. The SDBIP is a management, implementation and monitoring tool that will assist the mayor, municipal manager, councillors, senior managers and the community with realising the municipality's strategic objectives as outlined in the Integrated Development Plan.

Volume 7, Issue 3, July 2005
Author: MLGA(Community Law Centre)
Published: Sep 21, 2017
Property Rates Act in Operation.
Author: Prof Nico Steytler

After some delays, the Municipal Property Rates Act of 2004 was finally brought into operation on 1 July 2005. This comprehensive Act institutes a uniform structure to the levying of property rates, which was previously governed a number of old provincial ordinances. This article highlights only a number of key features of the Act.

District Management Areas: Municipal Demarcation Board Changes Policy.
Author: Dr Vuyo Mlokoti

The Municipal Structures Act of 1998 mandates the Municipal Demarcation Board to declare part of an area that must have both district and local municipalities as a district management area, if the establishment of a category B municipality in that part of the area will not be conducive to fulfilling the objectives of section 24 of the Demarcation Act.

Who Can Dismiss a Municipal Manager?
Author: Prof Nico Steytler

The recent controversy surrounding the municipal manager of the Central Karoo District Municipality raised important questions regarding which sphere of government is responsible for the conduct of a municipal manager. Ultimately , who has the power to dismiss a municipal manager?

The PPP Procurement Process.
Author: Gladys Mawoneke

The Public-Private Partnership procurement process overlaps in many respect with the recently published Supply Chain Management Regulations. The overlap occurs where a proposed transaction is both a PPP and one of the matters to which the SCM regulations apply. Although the focus in this article is not on the SCM regulations, any attempt to discuss the PPP procurement process separately from the SC, regulations would be incomplete.

Service Delivery Agreements: Renegotiations and Amendments.
Author: Victoria Johnson

Contract renegotiations and amendments are a relatively common feature of long-term service delivery agreements and public-private partnerships. The legislature has recognised this in existing and newly promulgated legislation which clearly aims to limit risks associated with contract amendments.

Volume 7, Issue 2, May 2005
Author: MLGA (Community Law Centre)
Published: Sep 21, 2017
Johannesburg's Special Cases Policy: A New Start For the Indigent.
Author: Christopher Mbazira

On 4 May 2005 the City of Johannesburg started registering beneficiaries under the Special Cases Policy of 2004. The main purpose of the policy is to write off municipal services debts owed by indigent people and to provide subsidisation of basic services for identified classes of people.

Service Delivery Agreements: Who Reads Them?
Author: Victoria Johnson

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.

The New Municipal PPP Regulations.
Author: Kate Reynolds

Regulations governing public/private partnerships in the local government sphere came into effect on 1 April 2005. Section 120 of the Municipal Finance Management Act also regulates PPP's and the new PPP regulations have the effect of elaborating or expanding on some of the concepts introduced in section 120.

KwaZulu-Natal's New Premier Co-ordinating Forum
Author: Prof Nico Steytler

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.

President's Co-ordinating Council Meets.
Author: Reuben Baatjies

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.

Volume 7, Issue 1, March 2005.
Author: MLGA (Community Law Centre)
Published: Sep 21, 2017
Applying the New Section 139 Intervention Powers: Issues Arising from Practice.
Author: Jaap de Visser

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.

Outsourcing Municipal Services and Skills Transfer.
Author: Victoria Johnson

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,.

From the Courts: Powers of Municipalities to Impose Property Rates.
Author: Lehlonoholo Kennedy Mahlatsi

A recent judgment by the Constitutional Court clarifies the powers, duties and status of municipalities and pronounces positively on the powers of municipalities to impose property rates. This case is a significant victory for municipalities in their efforts to value property and levy property rates.

© 2016 Dullah Omar Institute
CMS Website by Juizi