Harmse v City of Cape Town (2003) JOL 11047 (LC)

The core principles, values and features of the new local government system are sound. This is the conclusion of the national Portfolio Committee on Local Government after a major study tour of the municipalities at the beginning of 2003.

The legislature provides two options to a municipality when choosing an external service delivery mechanism after completion of the assessment process prescribed in section 78 of the Municipal System Act.

The recent judgment in the appeal case of Munisipaliteit van Ngwane & Vrystaat Munisipale Pesioenfonds 254/ 2002 AD has attracted much attention and comment from local government practitioners. At issue is whether a municipality falls within the definition of 'state' as referred to in the State Liability Act 20 of 1957, in terms of which no warrant of execution cab be issued against any state owned property.

The Department of Provincial and Local Government held a conference on ward committees on 24-25 June. These are the vehicles through which participatory governance takes place and their effective performance is crucial to the success of proper community participation in local government.

The Minister of Finance released the 2003 intergovernmental Fiscal Review on 8 April. It provides a wealth of information on municipal budgets for the 2002/03 financial year.

Section 161 of the Constitution and section 28 of the Municipal Structures Act protect the freedom of speech of councillors (subject to the council's rules and orders) and grant councillors immunity against civil and criminal liability for anything they say in council.

Highveldridge Residents Concerned Party v Highveldridge TLC and Others 2003 (1) BCLR 72 (T)

The Second Constitutional Amendment Act of 2003 dramatically increases the powers of provincial government to intervene in a municipality, through amendments to section 139. These now provide the constitutional basis for the Municipal Finance Management Bill to empower provincial executives to intervene in a municipality in case of a financial crisis

The recent judgment in the Transvaal Provincial Division case of Summer Symphony Properties 13 CC and BOE Bank v City of Tshwane Metropolitan Municipality and Others has attracted much attention in the press. This is the second recent judgment to deal with section 118 of the Municipal Systems Act, the first having been handed down in the Natal Provincial Division.

The new definition of municipal services puts even more services within the ambit of Chapter 8 of the Systems Act. Municipalities are already under heavy pressure to extend and improve delivery of municipal services.Chapter 8 of the Systems Act is supposed to facilitate this process, but it is questionable whether it achieves its purpose or whether it instead puts additional burden on already limited municipal resources.

This note discusses the meaning behind a municipalities name.

Municipalities are constitutionally obligated to address poverty in their communities through the promotion of social and economic development and the provision of services in a sustainable manner.

The Bill of Rights provides that any person has the right of access to any information held by the state. This includes information held by a municipality. The Constitution further provides that national legislation must be enacted to give effect to this right. This prompted the Promotion of Access to Information Act 2 of 2002.

Key local government leaders from across the country gathered at SALGA's National General Council in November 2002 to consider critical issues currently facing the sector. The resolution that emerged will set the pace of local government transformation for many years and a brief synopsis of some of them follows.

Six informal beach traders made an urgent review application to the Cape High Court in December 2002 against the City of Cape Town after their applications for trading permits for 2002/03 were unsuccessful.

More than a thousands delegates comprising municipal political office bearers and officials, local government MEC's provincial local government heads of department, national politicians and officials and organised local government attended a two-day Municipal Viability indaba at the Sandton Convention Centre on 5 and 6 December 2002.

The mayoral committee is appointed at the discretion of the executive mayor. It therefore need not include other parties on a proportional basis.

On 3 June 2003, Minister Sydney Mufamadi published a notice for all nine provinces which revokes authorisation in terms of section 84 (3) of the Municipal Structures Act. These authorisations deal with four important district municipal functions, namely,the bulk supply of water, electricity and sewage purification works and municipal health services.

The Traditional Leadership and Governance White Paper was launched by the Department of Provincial and Local Government on 29 April 2002. Provision was made for a consultation process, which was originally envisaged to have been completed by 22 November 2002 but which was extended to 15 January 2003.

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.