Bulletin Archives

Volume 2, Issue 2, June 2000
Author: MLGA (Community Law Centre)
Published: 14 Jul, 2017
Co-operative Government in the Systems Bill
Author: Jaap de Visser

Section 3 of the Local Government: Municipal Systems Bill provides that (1) Municipalities must within the constitutional system of co-operative governance envisaged in section 41 of the Constitution seek to integrate the exercise of their legislative and executive authority with the policies, programmes, legislation and institutional arrangements of the national and provincial spheres of government.

Cross-Border Municipalities: A Cross to Bear?
Author: Nico Steytler

Sixteen cross-border municipalities at district, metropolitan and local level, will be established come the municipal elections in November. This is a bold experiment which is not without its political and administrative difficulties.

Holding onto the Family Silver: Powers of MEC's in Respect of Certain Financial Matters.
Author: Johann Mettler

Prior to the previous amalgamation process, some municipal councils engaged in measures designed to bind the succeeding councils into an array of long term agreements. Such measures included the entering into of long term employment contracts, granting of additional remuneration and allowances, leasing of council land and property for extended periods and other similar schemes that had an adverse effect on the finances of municipalities.

Municipal Elections: Where PR and Ward Representation Meet.
Author: Jaap de Visser

The new electoral system for local government represents a novel and intricate combination of party representation and ward representation. The system is outlined in the Municipal Structures Act 117 of 1998 (MSA) and in the forthcoming Local Government: Municipal Electorate Act.

Section 12 Notices: Preparing Municipal Constitutions.
Author: Nico Steytler

The establishment of 285 new municipalities is to come into effect on the day the forthcoming elections are held. The six metropolitan municipalities, 47 district municipalities and the 232 local municipalities are to be established in terms of the section 12 notices.

The Windhoek Declaration: Africa's Vision on Decentralisation.
Author: Jaap de Visser

At the Africities 2000 summit, held in Windhoek on 15-20 May 2000, ministers of local government and of finance on the African continent, mayors, leaders and members of local government associations in Africa, researchers and eminent personalities from Africa and beyond adopted the Windhoek Declaration, which includes the followiing " African Vision on Decentralisation":

Volume 2, Issue 1, March 2000
Author: MLGA (Community Law Centre)
Published: 14 Jul, 2017
Facilitating the Transition: Section 14 (5) Committees
Author: Nico Steytler

The formation of interim forums, commissions or committees is one of the key measures MEC's are taking to facilitate the transition to the new dispensation. Such a structure has already been established for the Cape Metropolitan area and transformation forums for the new district municipalities in the Western Cape are to be established this month. Similar processes are under way in other provinces as well.

Getting the Numbers Right: Wards and Councillors
Author: Jaap de Visser

The Municipal Structures Act 117 of 1998, in accordance with section 157 (4) of the Constitution, instructs the Municipal Demarcation Board to delimit all metropolitan municipalities and all local municipalities that should have wards into wards, after consultation with the Electoral Commission.

The Right to Housing: The Judgment-Grootboom vs Oostenberg Municipality
Author: Karrisha Pillay

The limits of section 26 of the Constitution ( the right to access to adequate housing) and section 28 (1) (c) (children's right to shelter) were recently tested in the case of Grootboom and Others v Oostenberg Municipality, Cape Metropolitan Council, Premier of the Province of the Western Cape, National Housing Board, and Government of the Republic of South Africa.

The Role of the IEC in the upcoming Local Government Elections
Author: Michael Hendrickse

The Independent Electoral Commission (IEC) is an institution established in terms of Chapter 9 of the Constitution and mandated to manage elections at all spheres of government, including local government. The IEC is a permanent body, unlike its predecessor, with its Head Office in Pretoria, 9 provincial offices and Local Electorate Officers at municipal level.

Volume 1, Issue 4 December 1999
Author: MLGA (Community Law Centre)
Published: 14 Jul, 2017
A Council's Legislative Powers
Author: Nico Steytler

In 1999 (1) LGL, Bulletin 6, the impact of the recent case of Fedsure Life Assurance Ltd v Greater Johannesburg Transitional Metropolitan Council1999 (1) SA 374 (CC) in confirming the new constitutional status of local government structures was highlighted. In this case the Constitutional Court held that 'a local government is no longer public body exercising delegated powers. Its council is a deliberative legislative assembly with legislative and executive powers recognised in the Constitution itself.

Evictions: Municipalities and the Constitution: The Right to Housing.
Author: Sandra Liebenberg

Two court cases dealing with evictions: Case One: Vanessa Ross v South Peninsula Municipality (1999) JOL 5298 (C). Case Two: Grootboom and Others v Oostenberg Municipality, Cape Metropolitan Council, Premier of the Province of the Western Cape, National Housing Board and Government of the Republic of South Africa (Case no: 6826/99)0

Facing the Language Challenge
Author: Hennie Strydom

The entrenchment of multi-lingualism in section 6 of the 1996 Constitution confronts the South African government with the obligation to design and put into practice a language policy that will give effect to the constitutional directives on multi-lingualism.

From SALGA: Participation in the NCOP.
Author: Johann Mettler

The intergovernmental Relations Working Group of SALGA has been considering a number of Bills with a view to make recommendations to the organisation on the mandates it has to give to its representatives in the NCOP. These include the Open Democracy Bill, Preferential Procument Policy Framework Bill and the Transitional National Land Transport Bill.

From the Provinces: Implementing Intergovernmental Relations in the Eastern Cape
Author: Nico Steytler

The lack of a structured relationship between provincial local government associations and the provinces has been a burning issue. Unlike SALGA, which has the right o take part in the NCOP, and participate in national intergovernmental fora such as MINMECS, provincial associations have no formal communication and cooperation links with their provinces.

Municipal Demarcation Board Circular
Author: Michael Sutcliffe

To: the Minister for Provincial and Local Government, Government Departments, MEC's responsible for Local Government, SALGA and Affiliates, all municipalities, magistrates, houses of traditional leaders, IEC, media and demarcation stakeholders.

Provinces vs Structures Act: Demarcartion Board Walks off with the Spoils.
Author: Jaap de Visser

On 15 October 1999, the Constitutional Court laid down judgments on a range of constitutional challenges to the Structures Act 117 of 1998 that had been brought forward b the Western Cape and KwaZulu-Natal provincial executives. Most of the complaints levelled against the Act had to do with the constitutional scheme of the division of powers between the three spheres of government in relation to local government.

Volume 1, Issue 3, September 1999
Author: MLGA (Community Law Centre)
Published: 14 Jul, 2017
The Right to Equal Treatment by a Municipality
Author: Jaap de Visser

The immense importance of the principle of equality in this country is reflected in the very first section of the Constitution in which it is stated that the achievement of equality is one of the founding values of the Republic. Local authorities in particular, have been subjected to many court cases in which their acts or legislative provisions, whether they concerned property or electricity, rates, zoning conditions or even dog licenses, have been alleged to be in conflict with the equality clause.

From the Provinces: Planning and Development
Author: Johann Mettler

The provinces of KwaZulu-Natal and Western Cape have taken the lead in promulgating their planning and development planning legislation which is intended to set the pace and provide the context within which planning should take place in the respective provinces both on provincial and municipal level.

Municipal Systems Bill: Erecting the Third Pillar
Author: Johann Mettler

On 6 August 1999, Minister Mufamadi published the Local Government: Municipal Systems Bill, 1999 for public comment. The Bill. after due consideration of any comments, should enter the parliamentary process by the end of October 1999 at which stage the public will be given a further opportunity, in the form of public hearings, to make representations.

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