Volume 15, Issue 2, June 2020

Khosa v Minister of Defense: Municipalities warned on enforcing the Lockdown

The COVID19 pandemic has emphasised the importance of local government. Apart from delivering essential services and helping to mitigate the adverse impact of the Lockdown on livelihoods, municipalities also play a crucial role in enforcing the Lockdown Regulations through their law enforcement and, where applicable, municipal police services. During the Lockdown period, law enforcement and metropolitan police departments (MPDs) have been cooperating with the South African Police Services (SAPS) and the South African National Defense Forces (SANDF) to enforce the Lockdown Regulations.

Gauteng High Court deals decisively with councillor-walk-outs

Perhaps the most important aspect of the job of a councillor is to attend council and committee meetings. Item 3 of the Code of Conduct for Councillors provides that every councillor must attend these meetings and the municipality’s rules of order contain more detailed rules on this. Failing to attend, or to remain in attendance, without having obtained leave of absence, is a violation of the Code of Conduct (item 4(1)). If a councillor fails to attend three or more meetings in a row, the councillor must be removed from office (item 4(2)).

Development charges in South Africa – An introduction to the Municipal Fiscal Powers and Functions Amendment Bill (Part 1)

Picture this scenario: Trollkins Consortium (Pty) Ltd submits a land use application to Nkanyezi Local Municipality, with the proposal to undertake the construction of retail stores, restaurants, offices and a casino. This proposal sounds exciting - on one hand, it will offer employment opportunities, economic development and growth, and will result in the movement of goods and people in the municipality. On the other hand, Nkanyezi Local Municipality is concerned that by approving Trollkins’ application, more water, sewerage and electricity infrastructure will be needed. This means the proposed development could have negative financial impacts such as burdening the current municipal infrastructure without value for use. It could thus potentially burden the municipality as it will have to provide infrastructure to accommodate the additional load that the proposed development will place on municipal bulk infrastructure and unduly benefit the developer who might not pay the true cost of the extended infrastructure or not pay at all.

Development charges in South Africa – the case of in-kind payments and subsidisation of certain categories of land development (Part 2)

Development charges have now received attention in the Municipal Fiscal Powers and Functions Amendment Bill. The Bill contains a new chapter 3A that regulates the power of municipalities to levy development charges from developers in a uniform manner. Part 1 of the series on the Municipal Fiscal Powers and Functions Amendment Bill introduced the Bill and provided a general analysis of its provisions on development charges. In this article (Part 2 of the series), the focus is on the provisions regulating the in-kind payment of development charges, the subsidisation of categories of land development and the permissible uses of revenue from development charges. The article concludes with some reflections on the Bill.

eThekwini Metropolitan Municipality vs COVID-19: 90 days into the Lockdown

Since the declaration of the state of national disaster by the Minister of Cooperative Government on 18 March 2020, and the subsequent announcement of a Lockdown by the President on 26 March, municipalities have implemented various measures in response to the COVID-19 pandemic. This article analyses some of the measures taken by eThekwini Metropolitan Municipality (Metro) more than 90 days into the Lockdown. While disaster management is a shared national and provincial government competence, municipalities play a crucial role during disasters in terms of their constitutional functions (listed under Schedule 4B and 5B) and their assigned functions (s99 and 126), such as housing.

Courts as a check on provincial interventions: the Makana and Tshwane interventions

Provincial intervention under section 139 of the Constitution is one of the many mechanisms available to provinces to rectify problems at municipal level. This provision provides a menu of different interventions which are of a discretionary, mandatory, budget or financial nature. Provinces have conducted many interventions but the record of these interventions is not very good. Many of these interventions actually fail to bring municipalities back on their feet. Choosing the correct intervention without falling foul of the law also seems to be a problem.

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