Volume 4, Issue 4, November 2002

Crossing the Floor: The Judgment

On 4 October the Constitutional Court ended a period of political instability that started just less than a year ago with the break up of the Democratic Alliance (DA). The eagerly awaited judgment of the Court declared as unconstitutional the Acts that relate to crossing the floor at local government level, namely the Local Government: Municipal Structures Amendment Act 20 of 2002 and the Constitution of the Republic of South Africa Amendment Act 18 of 2002.

Intergovernmetal Dispute Resolution: Jaw don't War

Conflict is one of the realities of political and social life. All governments face similar challenges as they cope with the pressures of modern social and economic life. How they respond to those challenges is an important ingredient in the well-being of their citizens, Local Government will also have its share of disputes among municipalities, but also among with the other spheres of government.

From SALGA: Report on the Local Government Laws Amendment Bill

The Portfolio Committee on Provincial and Local Government passed this Bill on 22 October 2002 and the National Assembly passed two days later. The Bill at the time of writing is scheduled to be passed by the National Council of Provinces on 7 November. It should be signed into law by the middle of November.

The Delegation System: Who Does What?

All municipalities must develop a system of delegation in terms of the Municipal Systems Act. A delegation is when a person or structure delegates functions that originally vested in it to another person or structure to do.

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