Nico Steytler | Mar 16, 2021

Status of local government

The Constitutional Court has affirmed that the new constitutional order confers on local government the status of an autonomous and distinct component of government. Local government is no longer merely exercising powers delegated to it by the national or provincial government: Instead municipal councils are legislative assemblies and their legislative acts, which include levying taxes and adopting budgets, are not subject to administrative review by the courts. Although decided under the interim Constitution, the decision in Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council 1999 (12) BCLR 1458 (CC) reinforces the new and increased status the 1996 Constitution accords local government.

application/pdf Vol 1 No 1 1999 _1-Constitutional Court Affirms the status of local government.pdf — 2490 KB

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