Research & Publications

Combating Corruption in Local Government in the Western Cape
Jaap de Visser, Jennica Beukes, Thabile Chonco and Tinashe Chigwata
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19 Oct, 2021

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.

The Legal Framework for Combating Corruption in Local Government in the Western Cape
Jaap de Visser, Nico Steytler, Tinashe Chigwata and Jennica Beukes
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19 Oct, 2021

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.

Electing Councillors: A Guide to Municipal Elections
Jaap de Visser and Nico Steytler
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18 Oct, 2021

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.

FACT SHEETS ON DECENTRALISATION IN AFRICA: A SHORT-CUT GUIDE
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

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.

FACTSHEET#1 Decentralisation: Key Concepts
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

Decentralisation is a concept that has gained significant attention in recent years. The concept can be challenging due to its abstract nature and the many forms it can take. To help shed light on the key concepts associated with decentralisation, FACTSHEET#1 provides clear definitions of the key concepts associated with decentralisation within the African context.

FACTSHEET#2 Federalism and Federations
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

This FACTSHEET#2 explores how federalism has been applied in several countries in Africa. It provides an overview of the objectives of federal political systems, and common structural design features and explains key concepts associated with federal systems such as self-rule and shared rule.

Factsheet#4 Local Government Autonomy
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

Local autonomy is an indispensable aspect of democratic government. It refers to the degree to which local governments have discretion in carrying out their responsibilities. This does not imply ultimate freedom, and autonomy varies from nation to nation. This FACTSHEET#4 examines the fundamental characteristics of local autonomy.

Factsheet#5 Local Government Powers
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

The powers of local government are an important indicator of the degree of local autonomy. This FACTSHEET#5 explores how local governments are empowered and how their powers are protected and ensured.

Factsheet#6 Local Government Finances
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

Finances lie at the core of effective and autonomous local government. If denied sufficient funding, local authorities cannot perform their functions. The FACTSHEET#6 explores local government finances, which typically revolve 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.

Factsheet#7 Supervision of Local Government
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

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 government 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. How local governments are supervised by higher spheres of government is explored in #FACTSHEET7.

Factsheet#8 Local Government and Cooperative Government
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

Local governments must collaborate with other levels of government on areas of shared concern to ensure that the government as a whole fulfils its responsibilities. Therefore, strong relationships within a level of government and between levels of government are essential for good governance. This FACTSHEET#8 discusses local government cooperation with other levels of government, as well as the institutions and platforms involved.

Factsheet#9 The Role of Traditional Authorities in Africa
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

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. Traditional leaders thus tend to have more interaction with citizens in rural areas than the modern state institutions. Thus, defining decentralisation within an African context often includes recognising their role that they play at local government level. FACTSHEET#9 discusses the role of traditional leaders and their impact on democratic governance.

Factsheet#10 African Charter on Decentralisation, Local Governance and Local Development
Jaap de Visser, Nico Steytler and Tinashe Chigwata
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10 Aug, 2021

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. This FACTSHEET#10 examines the Charter's strengths and weaknesses.

Democracy, Elections, and Constitutionalism in Africa
Charles M. Fombad and Nico Steytler
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18 May, 2021

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.

Report on Hung Councils in South Africa: Law and Practice
Jennica Beukes
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01 Apr, 2021

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.

The Value of Comparative Federalism: The Legacy of Ronald L. Watts
Nico Steytler, Balveer Arora and Rekha Saxena (eds)
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13 Dec, 2020

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.

The Journey to Transform Local Government
Tinashe C Chigwata, Jaap de Visser and Lungelwa Kaywood (eds)
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04 Dec, 2020

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.

Local Government Reform in Zambia: The 2016 Constitution’s Framework for Devolution
Tinashe C Chigwata, Nico Steytler, Jaap de Visser and Frank Kunda
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02 Sep, 2020

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.

Transparency in local government procurement during COVID-19
Carlene van der Westhuizen, Tinashe Chigwata and Jaap de Visser
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10 Jul, 2020

Municipalities procure goods and services from private entities almost daily. These goods and services are often essential for ensuring the provision of basic amenities such as water, sanitation, electricity, and refuse removal.

Webinar on Municipal Budgeting and Planning During COVID-19: Key issues and observations from the Webinar
Jaap de Visser and TC Chigwata
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11 Jun, 2020

The first of a series of webinars on local government and COVID-19, hosted by the Dullah Omar Institute and the International Budget Partnership, took place on 04 June 2020, in partnership with the South African Local Government Association. The webinars aim to promote best practices pertaining to transparency and responsiveness in local government during the era of COVID-19.

MUNICIPAL BUDGETING AND PLANNING DURING COVID-19
Jaap de Visser and TC Chigwata
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01 Jun, 2020

A municipality’s Integrated Development Plan is a five-year strategic plan, where the many interests, wishes and preferences of a municipal community are mediated and put into action. The municipality’s budget allocates resources to this plan. Each year, municipalities review their IDPs and pass a budget for their financial year, which runs from 1 July to 30 June.

Decentralization and Constitutionalism in Africa
Charles M. Fombad and Nico Steytler (eds)
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10 Sep, 2019

This collection of essays assesses the efforts of African governments to constitutionalise decentralisation, be it in the form of federalism, local government or traditional authorities.

Report back: International Conference on 2019 National and Provincial Elections
Jacob
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19 Jun, 2019

On 25 April 2019, the SARChI Chair, Dullah Omar Institute, and Department of Political Studies (UWC) held an International Conference focusing on National and Provincial Elections of 8 May 2019. The key questions at the conference were: Populism, provincialism, womxn, and election credibility The national and provincial elections of 8 May 2019 are regarded by many as the most important since the first democratic elections of 1994. Four key questions were addressed by four panels of experts, with some placed in an international comparative perspective. This event was part of a series of roundtables on human rights and democracy.

Implementing SPLUMA: A Review of Four 'Post-SPLUMA' Provincial Planning Bills
Xavia Poswa and Jaap de Visser
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25 Oct, 2017

The legal framework for spatial planning and land use management in South Africa is undergoing considerable change with a new national Spatial Planning and Land Use Management Act of 2013 (SPLUMA) and the adoption of municipal planning by-laws throughout the country. The Constitution permits provinces to also pass laws on the matter. Of the nine provinces, the Western Cape is the only province that has passed 'post-SPLUMA' provincial legislation. This report conducts an interim assessment of how some of the other provinces are approaching this issue. It analyses four provincial planning bills of Mpumalanga, North West, Free State and Limpopo.

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