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.

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.

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.

Gerber and others v MEC of the Gauteng Province and Eastern Gauteng Services Council (case no, 303/2001)

The North West Provincial Intergovernmental Forum was officially launched in July 1997.

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.

The proposed amendment to section 139 (2) of the Constitution, tabled in Parliament in August, creates new grounds on which a province may intervene in a municipality, obliges a province to intervene in certain circumstances and waters down the supervision function of the National Council of Provinces. In short, it eases provincial intervention in local government.

The Portfolio Committee on Transport convened a public hearing on the implementation of the National Land Transport Transition Act (NLTTA) at Parliament on 4 September.

The Justice and Constitutional Development Portfolio Committee held public hearings on the Third Constitutional Amendment Bill, 2002, at Parliament on 5 and 6 December 2002.

Residents of Bon Vista Mansions v Southern Metropolitan Local Council

There is currently no legal provision that directly prohibits a local municipality's employee from sitting on the district council. However, there is a real possibility that if such a case would ever come to court, the court would that there is a conflict of interest.

Public Participation is a fundamental part of local government's planning in the new dispensation. Aside from Chapter 4 in the Systems Act, no clear guidelines are given on how to link decentralised institutions with citizens.

Every municipal council has the right to to determine its internal procedures. This right is protected by section 160 of the Constitution, which allows a municipality to decide how to structure its internal operations and what kind of mandate/area of responsibility it assigns to political structures, office-bearers and municipal manager.

When the new Premier of the Western Cape took office in January 2002, he vowed to devolve as many provincial functions as possible onto local authorities which have the capacity to perform them. Assignment is the most important way of bringing functions down to local government.

The President has signed a set of Bills into law that allow for crossing the floor, This article summarises the Bills insofar as they deal with councillors. The Bills amend parts of the of the Constitution and the Municipal Structures Act

Important recent developments in the electricity distribution industry (EDI) could have a significant impact on municipalities. A recent court challenge raises the crucial issue of the right of municipalities to supply and distribute electricity.

This is an abbreviated version of SALGA's submission to the joint session of Parliament's Portfolio Committee on Home Affairs and the Select Committee on Social Servies dealing with the Immigration Bill.

Marais v Democratic Alliance 2002 (2) BCLR 171 (C)

The need for an intergovernmental structure was identified in order to streamline the transformation process in the Western Cape.

The Department of Justice and Constitutional Development has published a proposal to amend Constitutional provisions for municipal elections. The new provisions would, among other things, allow councillors to cross the floor without losing their seats.

MEC for Local Government and Planning of the Western Cape v Paarl Poultry Enterprises CC Rosendal Poultry Farm 2002 (2) BCLR 133 (CC)

The South African Local Government Bargaining Council was registered on 1 March 2001 after an agreement signed on 2 September 1997 between the South African Local Government Association and two Unions, the South African Municipal Workers Union and the Independent Municipal Allied Trade Union.

During February and March 2002, the National Assembly's Portfolio Committee on Finance received submissions on the Municipal Finance Management Bill. This article summarises concerns about the Bill which were raised by the Community Law Centre.

At a special President's Coordinating Council (PCC) workshop on 14 December 2001, the agenda was set for building a strong and development-oriented local government. The PCC adopted wide-ranging resolutions which chart the way forward in both the short and medium term.

MEC for Local Government, Mpumalanga v IMATU 2002 (1) SA 76 (SCA)