University of the Western Cape

Volume 10, Issue 4, October 2008

Are ward committees working? Insights from six case studies

Ward committees were introduced after the December 2000 municipal elections to supplement the role of elected councillors. As such, they were intended to create a bridge between communities and the political and administrative structures of municipalities. Many observers argue, however, that ward committees are not functioning as intended and that instead of enhancing the environment of participatory governance, these structures have actually undermined it by displacing many other channels for public participation.

Councillors' individual liability

On 11 June 2008, the Cape High Court handed down a judgment that set an important precedent about councillors’ individual liability for taking or supporting illegal decisions.

Heeding the call for sustainable energy use putting solar energy to work

Energy experts agree that the installation of domestic solar water heaters (SWHs) could significantly reduce the demand for electricity. The figures suggest that a roll-out of SWHs could eliminate the need for one large coal power station (and thus significantly reduce CO2 emissions).

Can a municipality levy taxes retrospectively

Generally, a municipality may only levy taxes (other than property rates) in terms of empowering legislation. The Municipal Fiscal Powers and Functions Act (Act 12 of 2007) outlines a procedure whereby a municipality may apply to the National Treasury for approval to impose new taxes.

Navigating the grey areas: Reflections on the Western Cape powers and functions review process

The powers and functions shared between provincial and local government have traditionally been a source of great confusion and concern for municipalities. Ill-defined powers and functions have often led to duplication, inefficiencies and arguably even deterioration in the delivery of services to communities.

Politics of change: Keeping the genie in the bottle

Over the past weeks, the impact of the leadership change in the African National Congress on government has become patently visible. The most important change was obviously manifested in the resignation of the President, three provincial premiers and a number of national Cabinet members, including the Minister for Provincial and Local Government.

Reviewing the Children's Act: Implications for local government

The Children’s Amendment Act (Act 41 of 2007) was signed into law on 18 March this year. The Act, together with draft regulations recently published for public comment, represents the final step in the arduous, ten-year journey of reviewing the Child Care Act.

The makings of a metro: Msunduzi, Mangaung and Buffalo City Municipalities join the ranks

The Municipal Demarcation Board (MDB) recently confirmed that Msunduzi, Mangaung and Buffalo City municipalities are to become category A (metropolitan) municipalities, bringing the total number of metropolitan municipalities to nine.

The power to preside over disciplinary appeals

The Constitution provides that “everyone has a right to administrative action that is lawful, reasonable and procedurally fair”. This entitlement extends to municipal employees and must therefore be reflected in municipal labour and administrative practices.

The role of sustainable human settlements in the response to the HIV and AIDS epidemic

Municipalities are key institutions in bringing about sustainable human settlements that respond adequately to the challenges and implications of the HIV and AIDS epidemic.