Bulletin Archives

Volume 6, Issue 2, May 2004
Author: MLGA (Community Law Centre)
Published: 14 Sep, 2017
From the Courts: Is There a Right to View?
Author: Fiona Ogle

Though there is no common law right to a view, the case of Paolo v Jeeva N.O and Others 2004 (1) SA 396 SCA has led to the perception among the public that certain laws do protect an existing view. As a result of media coverage, it is widely believed that section 7 of the National Buildings Regulations and Building Standards Act obliges a municipality to refuse any building plan for a building that will interfere with the view of an adjoining property.

Gender and the Budget.
Author: Geraldine Mettler

While budgets have been instrumental in transmitting and reproducing gender biases, they also offer the possibility for transforming existing gender inequalities. It is important to note that a gender budget is not a separate budget for gender activities and issues, rather, it is the normal budget from a gender perspective or analysed through a gender lens.

Responsibilites of Municipal Managers: The Municipal Finance Management Act
Author: Adv Jan F Koekemoer

The Municipal Finance Management Act is a very prescriptive piece of legislation and should not be read piecemeal, but worked through as a whole. Many chapters and sections are inter-related. For example, the duties of the municipal manager and the accounting officer of the municipality are not found in only one chapter but are scattered throughout the Act.

Securing Woman's Participation in Local Government
Author: Geraldine Mettler

Local Government is the sphere of government that is regarded as being closest to the people. Municipalities are instrumental in providing basic services to communities. Woman are often the main consumers of these services due to the caregiver role they play and are thus likely to feel the impact of local government the most.

Woman's Role in India's Village Councils
Author: George Mathew

India was one of the first countries to introduce a mandatory quota system to enhance woman's representation in government. What is unique about the Indian system is that the quota is also applicable to top positions in government, and a third of all mayors in India today are woman. South Africa can learn from India's experience in order to create a more equitable environment for woman.

Volume 6, Issue 1, February 2004
Author: MLGA (Community Law Centre)
Published: 14 Sep, 2017
A New Role For Provincial Treasuries
Author: Nico Steytler

The Municipal Finance Management Act gives provincial treasuries an important role in supervising municipalities. Whereas the provincial Departments of Local Government were responsible in the past for most aspects of local government, including monitoring municipalities financial well-being, provincial treasuries will now perform important functions with regard to monitoring of, and intervening in municipalities.

Guidelines For Ward Committees: Strengthening Participatory Governance
Author: Geralidine Mettler

Following a national conference on ward committees in June 2003, the Department of Provincial and Local Government published its long awaited Draft Guidelinies for the Establishment and Operation of Municipal Ward Committees for comment. The Guidelines aim to streamline the process of establishing ward committees and their internal operations and are a product of comments and suggestions received at the conference.

Who Appoints the Municipal Manager?
Author: Geralinde Mettler

In terms of section 82 of the Municipal Structures Act, not only a municipal council can appoint a municipal manager. Furthermore, section 30 (5) of the Structures Act states that, before a municipal council can decide on the appointment of a municipal manager or of the head of a municipal department, the executive mayor or the executive committee must submit a report and recommendation concerning the appointment and conditions of employment.

Volume 5, Issue 5, November 2003
Author: MLGA (Community Law Centre)
Published: 11 Sep, 2017
From the Courts: Suitable Alternative Land Before Evictions.
Author: Lehlohonolo Kennedy Mahlatsi

Section 6(3) (c) of the Prevention of illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 provides that when a court decides whether an eviction order is just and equitable, it needs to consider the availability of suitable alternative land. The main question is what is meant by this term.

Socio Economic Rights and Basic Municipal Services.
Author: Nico Steytler

The socio-economic rights in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose positive obligation. Through the delivery of basic services municipalities fulfil some of these obligations.

Strategic Framework for Water Services: Water is Life, Sanitation is Dignity.
Author: Abri Vermeulen

Eight years after the White Paper on Water Supply and Sanitation was published, the National Cabinet approved the strategic framework for Water Services on 17 September 2003. Much has been achieved and the White Paper was used a departure point in formulating the framework, but since 1994 the context has changed significantly.

The Nelspruit Water Concession.
Author: Dr. Laila Smith

In 1999, the Nelspruit Transitional Local Authority contracted the British-based multinational BiWater to provide its water services for the next 30 years. This arrangement known as the Nelspruit Water Concession, is the first contract of its kind in the South African water sector.

Volume 5, Issue 4, September 2003.
Author: MLGA (Community Law Centre)
Published: 11 Sep, 2017
Co-Operative Government at Work.
Author: Coriaan de Villiers

Earlier this year, the City of Cape Town entered into an innovative public -public partnership with the Department of Water Affairs and Forestry. This is a good illustration of co-operative government principles at work to ensure effective service delivery.

From the Courts: When are evictions just and equitable?
Author: Geraldine Mettler

Before an eviction order can be granted a court needs to determine whether it is just and equitable to do so in terms of section 26 of the Constitution by considering all the circumstances of each case, including the rights and needs of the elderly, children, disabled persons and households headed by woman.

How gender sensitive is your municipality?
Author: Charmaine Mare

Local government is now expected to play a proactive role in the social, economic, and material development of local communities. This means it is an sphere of government for women and for gender equity, as it has the potential to transform woman's lives by providing services such as water, sanitation, clinics, child care facilities, roads and transport.

Municipal Services- Public-Private Partneships.
Author: Charmaine Mare

Public-private partneships (PPP's) are another form of an external service delivery mechanism that municipalities may consider using. Government currently views PPP's as an alternative service delivery mechanism that could be used to address the deteriorating condition of public infrastructure and avert the escalating cost of rehabilitating state assets.

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