Bulletin Archives

Volume 9, Issue 3, June/July 2007
Author: MLGA(Community Law Centre)
Published: 11 Oct, 2017
HIV and AIDS: Nelson Mandela Bay Metropolitan Municipality's Response.
Author: Marije Versteeg

HIV&AIDS is much more than a health problem. It is a developmental challenge that affects local government in various ways. in the last issue, we looked at how municipalities can apply the concept of mainstreaming as a strategic way to address this enormous challenge and Ethekwini Metro shared their experience and lesson learnt.

Legal Briefs:
Author: MLGA(Community Law Centre)

When Does A Councillor Vacate Office Mid-Term?

Local Government in Nigeria.
Author: Dr Habu Galadima

The Federal Republic of Nigeria, with a population of about 140 million, is not only Africa's most populous state but also one of the largest federations in the world. The history and development of its local government is a direct consequence of British colonial history.

Local Government Under the Spotlight: DPLG's Policy Review Process
Author: Dr Jaap de visser

On 31 July 2007, the Department of Provincial and Local Government (DPLG) initiated a policy review process of provincial and local government. It will ultimately result in a first White Paper on Provinces and a discussion document on local government. The process will be a national debate, comprising a public participation process, research and a review of experience.

Name Changing of Towns: Public Participation At the Forefront Once More.
Author: Annette Christmas

The Supreme Court of Appeal recently examined the processes surrounding the changing of town names and the extent to which they must facilitate public consultation in the case of Chairpersons Association v The Minister of Arts and Culture , the Chairman of the South African Geographical Names Council and the Municipality of Makhado. This is to be distinguished from the changing of names of municipalities in terms of section 16 of the Municipal Systems Act.

The Housing Dilemma: Reviewing Local Governmnt Functions.
Author: Dr Jaap de Visser

An essential part of the current review of government structures is evaluating the success of local government in meetings its constitutional obligations to citizens. Key to the current review of structures is the extent to which powers and functions designated enable it to meet its developmental mandate. This article proposes a model for analysing which functions should be performed by local government and applies this model to housing. It concludes that the location of housing as a national/provincial function competency needs to be revisited.

The Challenges of Urbanisation: Single Tier Local Government For Urban Areas.
Author: Nico Steytler

The growing importance of cities not only in South Africa but also around the world is well captured in the 2006 Cities Network Report as follows: "Cities are simultaneously the most productive sites in the national economy as well as areas that accommodate the largest number of poor people, cities are strategically important places for meeting the governments growth and development agenda."

Where to Now With District Municipalites? Redefining Their Role and Application.
Author: Nico Steytler

The debate about district municipalities- their performance and their future is widespread. Some critics question whether districts have served their function. Others contend strongly that they should be disestablished. In the debate. This argument for redefining the role of districts is not based on the current capacity problems or adjustments to the new system, it is more systematic than that.

Volume 9, Issue 2, April/May 2007
Author: MLGA(Community Law Centre)
Published: 10 Oct, 2017
Are District Municipalities Still Relevant?
Author: Dr Vuyo Mlokoti

A lot of talk and discussion documents have been making the rounds in the past two or three years about the imminent restructuring of the state machinery and the review of provinces. Yet little or nothing is said about the inevitable question: What is the future of district municipalities?

Global City Regions: International Perspectives
Author: Nico Steytler

Gauteng is claimed to be a "global city region". What does this mean? The City region refers to an area comprised of more than city or urban node- a metropolitan region. The term "global" refers to a city region which is connected in a series of networks with the global economy. As a global economic hub, a city region competes with other global economic hubs for capital and resources. The question is then, how can the region compete more effectively with other global city regions.

Local Government and Decentralisation in Cameroon.
Author: Dr Soren David

As far back as 1986, the President of Cameroon acknowledged the need to introduce decentralisation in order to make the people aware of their responsibilities and develop their sense of participation. Little was implemented in this regard until the end of the century. Even the emergence of an opposition movement st the end of the Cold War resulted in no more than gradual changes.

Service Delivery and Budget Implementation Plan.
Author: Dr Jaap de Visser

Over the past few years, municipalities have become acquainted with the three key instruments for strategic management. First, the integrated development plan (IDP) sets out the municipality's key priorities and objectives for the medium and long term. Second, the IDP is implemented through the municipal budget, which allocates resources to the priorities of the IDP for the financial year and two years thereafter. Third, the municipality monitors its performance on the priorities objectives of the IDP through its performance management system. So where does the the service delivery and budget implementation plan (SDBIP) fit in? The introduction of another instrument accompanied by procedures and legal requirements can easily make local government practitioners sceptical or obsessed with compliance. This article makes a case foR viewing the SDBIP from a common-sense perspectives rather than a legal-compliance perspective only.

Volume 9, Issue 1, February/March 2007
Author: MLGI(Community Law Centre)
Published: 10 Oct, 2017
A secret ballot?
Author: Jaap de Visser

The Municipal Structures Act provides that the election of office-bearers must take place in a secret ballot. However, it does not stipulate what the consequences would be if every councillor did not, in fact, cast his or her vote in secret.

Community Participation: The Cornerstone of Local Participatory Democracy.
Author: Dr Jaap de Visser

Community participation is key to the functioning of local government. One of the constitutional objects of local government is to encourage the involvement of communities and community organisations in local government. The Landmark Doctors for Life and Matatiele judgments, passed by the Constitutional Court in August 2006, are critical for the interpretation of the law of community participation in local government.

Decentralised Response to HIV & AIDS.
Author: Marije Versteeg

In recent years, many municipalities have started formulating and implementing their HIV and AIDS response strategies and much progress has been made. However, most are still grasping with the issue and responses are often limited in nature, concentrating on some aspects of a comprehensive AIDS response but not yet to the extent of a well-coordinated and integrated HIV and AIDS strategy.

Immunity for Councillors: Testimony Outside Council.
Author: Reuben Baartjies

Councillor's immunity from civil liability for anything they say in council is an important cornerstone of constitutional democracy and protects councillors from defamation actions. But the ambit of the immunity is not without limit.

Legal Briefs.
Author: MLGI(Community Law Centre)

Does Item 12 of the Code of Conduct for Councillors prevent Councillors from acquiring municipal property?

The Winds of Change: Local Government Gaining Momentum
Author: Yonatan Tesfaye Fessha

Decentralisation and Local Government are fast becoming buzz words of African governments busy reconfiguring their state structure. This has not always been the case. Centralisation of power has long been considered a solution for African ills. With the increasing shifting of powers to local government, the tight grip of central governments on power is slowly but surely loosening.

Municipality's Share of the National Pie: New Grants, More Money in the Fight Against Poverty.
Author: Prof Nico Steytler

The Division of Revenue Bill 2007, introduced by the Minister of Finance, Trevor Manual, sets out the allocations local government will receive for the 2007/2008 financial year. The Bill not only determines local government's equitable share of revenue raised by the national government, but it also contains a number of innovations. The most important are the new conditional grants- the Neighbourhood Development Partnership grant and the Water Services Bulk Infrastructure grant.

Return to Sender: Municipalities and the Postal Services Act
Author: Omolabake Akintan

The Postal Services Act of 1998 stipulates that delivery of all "letters, postcards, printed matter, small parcels..." is a reserved service which may only be performed by a licensed provider. The delivery of Bills, statements of accounts, notices and such documents sent by municipalities to consumers of municipal services falls within the definition of reserved services.

Volume 8, Issue 5, November 2006.
Author: MLGI(Community Law Centre)
Published: 09 Oct, 2017
Calming the "Cape storm" Intergovernmental Relations in Action.
Author: Omolobake Akintan

The highly politicised dispute in the City if Cape Town about a proposed change in the system of governance from an executive mayoral system to an executive committee system was finally resolved by an agreement between Mayor Helen Zille and MEC Richard Dyantyi. The dispute settlement mediated by Minister Sydney Mufamadi is a good illustration of how the intergovernmental Relations Framework operates in practice.

Executive Commitees: Proportional or Fair Representation?
Author: Omolabake Akintan

The recent debate over plans to change the type of government in the City of Cape Town raised some interesting questions about the composition of executive committees. It is often assumed that am executive committee must be based on proportional representation, with seats automatically assigned according to the representation of each party in the municipal council. While this is possible and in most cases desirable, the courts have held that it is an option open to the municipal council but not an imperative.

HIV & AIDS: Why and How Local Government Must Respond.
Author: Marije Versteeg

The epidemic, its prevention and its consequences require coordinated responses of all institutions and sectors involved in municipal development. While municipalities may need further guidance through national programmes to know how to respond, the municipal management gas to ensure that appropriate measures are being implemented on the ground.

Municipalities and Clean Development Mechanism Projects.
Author: Kate Reynolds

Landfill sites are excellent opportunities for municipalities to develop Clean Development Mechanism (CDM) projects, but the window of opportunity for municipalities to do is limited. What are the phases or steps in the development of a CDM project?

The Practice of Premier's Intergovernmental Forums
Author: Yonatan Tesfaye Fessha

The Intergovernmental Relations Framework Act, which came into effect on 15 August 2005, requires that all provinces must have established Premier's Intergovernmental Forums within one year of the Act coming into operation. That year has come and gone. Have the PIF's been established? Are they functioning as envisaged by the Act?

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