The law contains many provisions that charge municipalities with responsibilities that are not part of local government’s constitutional mandate. They are often referred to as ‘unfunded mandates’ because they create expectations on municipalities, often without any arrangement to support municipalities to perform a function that is not theirs.
Before the advent of South Africa’s democracy, the black majority, particularly those situated in rural communities, endured substantial hardship. The apartheid government failed to recognise, protect, enforce and fulfil their fundamental human rights and freedoms. As a result, many communities were left in a state of neglect, characterised by poor socio-economic development, dilapidated infrastructure and a lack of access to essential services.