Volume 1, Issue 2, July 1999

Employment Equity Act

There are those who say that the old South Africa is alive and well in the workplace. The upper levels of many organisations remain white and male dominated. Left to market forces, transformation proceeds at a snails pace.

The Municipal Council

The Municipal Council receives ample attention in the Municipal Structures Act. The Act contains provisions on issues such as the election and removal from office of councillors, and the internal proceedings in, and the dissolution of the council. The Act also contains a Code of Conduct. This third part of our series on the structures Act summarises chapter three of the Act that deals with the municipal council, discusses the Code of Conduct as well as the ward committees and the role of traditional leaders in municipal councils.

Municipal Police Services

Visible policing has long been considered as indispensable in the fight against crime and lawlessness. Quick-fix solutions such as rent-a-cop schemes, were put forward as the answer. With the passing of the South African Police Services Amendment Act 83 of 1998, the legal framework has been created for the establishment of municipal police services.

Section 139 Intervention

Section 139 of the Constitution authorises the provincial executive to intervene in a municipality when it does not fulfil its executive obligation in terms of legislation. This article seeks to introduce the rules and principles that can be derived from the Constitution.

The Battle of Butterworth

Butterworth, an industrial and business centre halfway between East London and the former Transkei capital of Umtata, made history as the first municipality to be subjected to an intervention by provincial government under the 1996 Constitution The Eastern Cape provincial executive intervened in the Butterworth Transitional Local Council and assumed full responsibility for the administration of Butterworth.

Intervening into Warrenton

On 17 February 1999, the provincial executive of the Northern Cape Province intervened into the Warrenton municipality On 16 March, the matter was reported to the chairperson of the NCOP and three days later, the NCOP process got off to a start. This article will examine the circumstances that gave rise to the intervention, the handling of the intervention by all concerned and any lessons that may be learnt from it.

From SALGA: Section 139 Interventions: Establishing a Regulatory Framework.

The Constitution demands that each sphere of government must respect the constitutional status, powers and functions of the other spheres and that each should exercise its powers and perform its functions without encroaching on the geographical, functional or institutional integrity of another sphere.

From the Courts:

Does a Town Clerk have the Authority to Institute Legal Proceedings on Behalf of the Municipality?

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