The law contains many provisions that charge municipalities with responsibilities that are not part of local government’s constitutional mandate. They are often referred to as ‘unfunded mandates’ because they create expectations on municipalities, often without any arrangement to support municipalities to perform a function that is not theirs.
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Before the advent of South Africa’s democracy, the black majority, particularly those situated in rural communities, endured substantial hardship. The apartheid government failed to recognise, protect, enforce and fulfil their fundamental human rights and freedoms. As a result, many communities were left in a state of neglect, characterised by poor socio-economic development, dilapidated infrastructure and a lack of access to essential services.
The Auditor General of South Africa has over the years exposed possible corruption, maladministration, and irregular expenditure in local government. These challenges to good local governance can be attributed to the lack of transparency and absence of consequence management, to name a few.
Local government’s challenges are exacerbated by corruption. It results in wasteful and fruitless expenditure, compromises service delivery, and increases financial distress. Corruption has also facilitated the growth of organised crime networks that infiltrated sectors such as development, housing, and water.