This report presents the findings of a study conducted by the Dullah Omar Institute (DOI) in partnership with the International Budget Partnership South Africa (IBP-SA). The study examined the state of transparency in local government procurement, in particular the reasons why municipalities do not publish key procurement information on their websites and National Treasury’s eTender Portal timeously and consistently. Procurement information in this context includes tender notices, tender specifications, and tender awards.
Research & Publications
This report summaries what emerged during the lecture on 'The application of ubuntu in law, mediation and social change.'
In 2021 the Dullah Omar Institute (DOI) and IBP South Africa conducted comprehensive assessments of the transparency and oversight of, and participation in, the budgets of five of the metros.
The Dullah Omar Institute's Multilevel Government Project, with the support of the South African Local Government Association, produced the Country Report on South Africa in the framework of the H2020-MSCA-RISE-2018 project “LoGov - Local Government and the Changing Urban-Rural Interplay”.
This report, which focuses on transparency in local government procurement, follows on the 2020 report titled "How transparent are municipal websites about the goods and services that municipalities procure?" In total, 34 municipalities were assessed for the 2020 report. The sample of municipalities was increased to 49 in the 2021 survey.
This Framework provides practical guidelines to political parties and councillors on the formation and management of coalitions in local government. It sets out the relevant law but also offers guidance on issues such as coalition agreements, kingmakers and the distribution of political offices.
This book offers insight into the experience, practice and future of local government in South Africa. The book merges practical and theoretical perspectives to inform policy debates, to educate and to guide the practice of local government.
This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts.
This report surveys the experience of local government stakeholders in the Western Cape with addressing corruption. The report was commissioned by the Western Cape Department of Local Government and supported by the Hanns Seidel Foundation. The report gives an overview of manifestations of corruption in local government, as well as the experience of local government stakeholders in detecting, investigating, and prosecuting allegations of corruption, involving local government officials and councillors.
This report details the legal framework for combating corruption in municipalities. It was commissioned by the Western Cape Department of Local Government and supported by the Hanns Seidel Foundation. It presents an overview of the law applicable to detecting, investigating, and prosecuting allegations of corruption, involving local government officials and councillors.
The Manual provides us with further insight into the electoral process and will ensure that the various role-players are suitably informed of the rules and regulations governing them. We hope in particular that citizens, the media, political parties and their candidates take note of these legal prescripts.
A growing number of African countries are considering passing or implementing reforms that include some form of decentralisation. There is thus a demand for clear and accessible materials that would assist policymakers, practitioners, students and members of the public to better understand the various concepts and mechanisms associated with decentralisation. A few countries on the continent are considering or implementing federalism, while many more are weighing up or are already implementing decentralised systems of government.
There are different forms of decentralisation: federalism, devolution, local governance, delegation, deconcentration, and traditional leaderships. What do these mean?
A number of countries in Africa have federal or federal-type constitutions, for example Ethiopia (1991), South Africa (1994), Nigeria (1999, re-establishing earlier federal constitutions), the Democratic Republic of Congo (2006), the Sudan (2005); Kenya (2010); South Sudan (2011), and Somalia (2012). Only in the cases of Nigeria, Ethiopia and Somalia does the word ‘Federal’ form part of the country’s official name, as in the ‘Federal Democratic Republic of Ethiopia’.
Every country makes its own, distinctive choices on its decentralisation.
Local autonomy can be defined as the extent to which local governments have discretion in carrying out their obligations. This can never be interpreted as absolute freedom for local governments to take whatever decisions they like. The extent of this autonomy differs from country to country.
The powers of local government are an important indicator of the degree of local autonomy. How then are local governments empowered and their powers protected and ensured?
Finances lie at the core of effective and autonomous local government. If denied sufficient funding, local authorities cannot perform their functions. Local finances typically centre around four main matters: (1) the revenue of local authorities; (2) the budget; (3) expenditure; and (4) internal and external controls to prevent and correct poor financial management, including corruption.
What are the main forms of supervision? Local governments require some form of autonomy if they are to be effective in delivering on their functions. Equally important is the need for higher levels of governments to supervise local governments to ensure the promotion and protection of both local and national goals. Supervision is also important to deal with the ills often associated with decentralisation such as incapacity, corruption and resource wastage.
Why cooperative government? A decentralised system of government is defined as a system made up of two or more levels of government, with each level having powers over different functions and responsibilities. Different governments within one level (e.g. different local authorities) or governments across two or more levels, are engaged in combined and individual efforts to meet citizens’ needs and preferences. They have to work together on matters of common concern to ensure that government as a whole delivers on its mandates.
Almost all countries in Africa have traditional authorities in some form. The most common structures of the institution of traditional leadership are, in order of power and authority, kings, chiefs, headmen and village heads. Because of how they are organised, traditional authorities are the most immediate form of governance in many rural parts of the continent.
The African Union (AU) adopted the ‘African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development’ in 2014. The Charter is the first real effort of the AU to promote decentralised systems of governance on the continent. It provides a framework for local governance, which parties to the Charter are required to implement in their respective countries.
The third wave of democracy that reached African shores at the end of the Cold War brought with it a dramatic decline from 1990 onwards in dictatorships, military regimes, one-party governments, and presidents for life. Multiparty democracy was at the core of the constitutional revolutions that swept through most of Africa in those watershed years. However, that wave is either losing momentum or receding - or being reversed in its entirety.
Coalition governments across South Africa's municipalities have mostly been unstable. Are there any mechanisms or rules that can be adopted to facilitate stability in coalition governments? Does the law need to be reformed to accommodate coalition governments in local government? How can existing structures in local government be used to structure coalition governments in a way that parties are encouraged to cooperate in the coalition? This paper discusses coalition governments in municipalities and offers insight into these questions.
This book explores new avenues of international research in comparative federal studies. It re-examines the conceptual tools and methodologies for understanding federal systems, and the role of comparative federalism in the dissemination and implementation of federal concepts. It highlights the influence of comparative federalism on constitution-making as well as constitutional reforms.
This report, which focuses on transparency in local government procurement, presents the findings of a survey of municipal websites. The survey, which targeted 34 selected municipalities, aimed to establish the extent to which municipal websites are transparent about the goods and services municipalities procure.
The Journey to Transform Local Government is about the challenges and opportunities for municipalities in South Africa as they journey towards delivering on the promise of developmental local government.
Zimbabwe’s Constitution of 2013 provides for multi-level government at national, provincial and local level. This book explores the nature, evolution and future of this multi-level system of government against the background of international best practices.
Local Government Reform in Zambia: The 2016 Constitution’s Framework for Devolution is the first book that assesses the framework for devolved governance as provided for in the 2016 Constitution of Zambia. Experts from various fields discuss the motivation behind the adoption of devolution in Zambia. They explore what the framework for devolution entails and how it can be implemented in practice. This in-depth analysis of local government reforms in Zambia was edited by Tinashe C Chigwata, Nico Steytler, Jaap de Visser and Frank Kunda.
This report presents an analysis of major issues relating to the 2020-2021 municipal budget consultation process.