Bulletin Archives

Volume 4, Issue 3, September 2002
Author: MLGA (Community Law Centre)
Published: 23 Aug, 2017
Easing Interventions in Local Government: The Proposed Constitutional Amendment
Author: Nico Steytler

The proposed amendment to section 139 (2) of the Constitution, tabled in Parliament in August, creates new grounds on which a province may intervene in a municipality, obliges a province to intervene in certain circumstances and waters down the supervision function of the National Council of Provinces. In short, it eases provincial intervention in local government.

From SALGA: Local Democracy at Risk?
Author: Johann Mettler

The Justice and Constitutional Development Portfolio Committee held public hearings on the Third Constitutional Amendment Bill, 2002, at Parliament on 5 and 6 December 2002.

Terms of Reference for Political Structures and Political Office Bearers
Author: Gerladine Smith

Every municipal council has the right to to determine its internal procedures. This right is protected by section 160 of the Constitution, which allows a municipality to decide how to structure its internal operations and what kind of mandate/area of responsibility it assigns to political structures, office-bearers and municipal manager.

Volume 4, Issue 2, June 2002
Author: MLGA (Commjunity Law Centre)
Published: 23 Aug, 2017
Assignment to Local Government
Author: Jaap de Visser

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.

Crossing the Floor: The Ruls of the Game
Author: Jaap de Visser

The President has signed a set of Bills into law that allow for crossing the floor, This article summarises the Bills insofar as they deal with councillors. The Bills amend parts of the of the Constitution and the Municipal Structures Act

Electricity Restructuring: Short-Circuting Municpalities?
Author: Victoria Johnson

Important recent developments in the electricity distribution industry (EDI) could have a significant impact on municipalities. A recent court challenge raises the crucial issue of the right of municipalities to supply and distribute electricity.

From SALGA: immigration Bill: Another Unfunded Mandate?
Author: Johann Mettler

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.

Volume 4, Issue 1, March 2002
Author: MLGA(Community Law Centre)
Published: 22 Aug, 2017
Crossing the floor: Proposed Constitutional Amendments
Author: Jaap de Visser

The Department of Justice and Constitutional Development has published a proposal to amend Constitutional provisions for municipal elections. The new provisions would, among other things, allow councillors to cross the floor without losing their seats.

Municipal Finance Management Bill under Scrutiny
Author: Jaap de Visser

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.

President's Coordinating Council sets Agenda for Local Government
Author: Nico Steytler

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.

Volume 3, Issue 4, December 2001
Author: MLGA (Community Law Centre)
Published: 22 Aug, 2017
Choosing a Service Provider: Section 78 of the Systems Act
Author: Mark Pickering

Municipalities are under heavy pressure to extend and improve the delivery of municipal services. A wide range of policies, legislation, institutions and resources have been put in place to facilitate this process.

From SALGA: Roles and Responsibilities of Mayors
Author: Dr Koos Smith

Section 53 of the Municipal Systems Act determines that every municipality must define the specific role and area of responsibility of each political structure and political office-bearer of the municipality. SALGA resolved to prepare a guide to assist municipalities in complying with this requirement.

Legal Briefs
Author: Jaap de Visser

What happens if a Political Party Dissolves? What happens if a Councillor leaves the Party? When does a vacancy occur?

Mayoral Committees off the Hook? High Court Rules Against Proportinality.
Author: Jaap de Visser

After taking office in December 2000, the Executive mayor of Johannesburg Metropolitan municipality appointed a mayoral committee in terms of section 60 of the Municipal Structures Act. Only African National Congress members were appointed. The ANC holds 59% of the seats in the Council.

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