Extension of the ban on political party positions to all municipal staff does not survive in Labour Court

The professionalisation of local government has been high on the government’s agenda for over two decades. This is against the background that political interference in municipal decision-making processes destabilises municipalities, and undermines efficient and effective service delivery.

The value of political party constitutions in managing conflict within political parties: Heradien v Meshoa and Others

This article discusses the significance of the Heradien v Meshoa and Others (768/024) [2024] ZAWCHC 37 (13 February 2024) judgment. In this matter, Mr Heradien approached the High Court to, among other things, review and set aside his termination and interdict the IEC from filling the vacancy in the municipal council with Mr Nel as the ICOSA proportional representation (PR) councillor.

Resistance to SPLUMA: The “exclusion” of traditional leaders from the Municipal Planning Tribunal

This article is the third in a series of articles that analyse the five major reasons why traditional leaders rejected the implementation of Spatial Planning and Land Use Management of 2013 (SPLUMA) in their areas of jurisdiction. The previous article unpacked the second reason, namely, the misunderstanding of SPLUMA

Resistance to SPLUMA: Traditional leaders' lack of trust in SPLUMA instruments and processes

The article forms part of a series of articles which examines the five major reasons traditional leaders opposed the implementation of the Spatial Planning and Land Use Management Act of 2013 (SPLUMA) in the areas they govern. The previous article unpacked the third reason, namely, the exclusion of traditional leaders from the Municipal Planning Tribunals (MPTs). This article analyses the fourth reason, namely traditional leaders’ lack of trust in SPLUMA instruments.

Resistance to SPLUMA: Traditional leaders' lack of trust in municipalities

This is the final article of a series of articles which examines the five major reasons why traditional leaders rejected the implementation of the Spatial Planning and Land Use Management Act of 2013 (SPLUMA) in their areas of jurisdiction. The previous article unpacked the fourth reason, namely, traditional leaders’ lack of trust in SPLUMA instruments. This article analyses the fifth reason, namely, traditional leader’s lack of trust in municipalities.

Do municipalities have the exclusive right to administer refuse removal services and to impose relevant fees in their areas?

Time and again, the place and role of local government under the new constitutional dispensation is brought under the microscope. What are municipalities responsible for? What kind of decisions can they make? Can national and provincial governments veto municipal decisions? Can they decide where a metro can exercise a municipal function in its area? These are some of the questions that emerge.