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Institutional subsidiarity in the South African Constitution
(Stellenbosch Law Review, 2010)
This article explores the connection between section 156(4) of the Constitution and the principle of subsidiarity as it is found in legal theory and practice. It explores the historic background of the principle as well ...
Overseeing the overseers: assessing compliance with municipal intervention rules in South Africa
(Springer, 2017)
Section 139 of the Constitution of South Africa empowers provinces to intervene into municipalities, an instrument to correct serious failures in local government. This article discusses the policy and legal framework for ...
Devolution by court injunction: The case of land use planning and management in South Africa
(Uganda Management Institute, 2016)
In South Africa, the legal and policy framework for land use planning and control underwent a significant transformation in which power over land use planning and control was shifted from provinces to local governments. ...
Ministerial directives to local government in Zimbabwe: top-down governance in a decentralized constitution
(Cambridge University Press, 2017)
Urban and rural local authorities constitute the lowest tier of Zimbabwe's multilevel system of government. These local governments have a constitutional "right to govern" that must be exercised within the constitutional, ...
Constitution-Building in Africa
(Community Law Centre, University of the Western Cape, 2015)
The process towards the adoption of a constitution is determined by the
context in which the constitution is written. It navigates such issues as political
engagement, keeping politically agreed timelines, ensuring the ...
Implementing Spluma: A review of four ‘Post-Spluma’ provincial planning bills
(Dullah Omar Institute for Constitutional Law, Governance and Human Rights, 2017-10)
Between 2015 and 2017, municipalities across the country developed municipal planning bylaws.
Many municipalities were assisted by national government and/or provincial
governments. The involvement of both the national ...
Local government in the 2013 constitution of Zimbabwe: Defining the boundaries of local autonomy
(Hague Journal on the Rule of Law, 2017-10-06)
The 2013 Constitution of Zimbabwe recognises local government as the lowest tier of government in a three tier arrangement. Thus, local government, composed by urban and rural local authorities, now owes its existence ...
Electing councillors: A guide to municipal elections
(University of the Western Cape, 2016)
The electoral system for local government combines ward elections with proportional representation. It is regulated in at least four different statutes, the Electoral Act 73 of 1998, the Local Government: Municipal Structures ...
Special interest councillors in Zimbabwe: a review of law and practice in terms of the 2013 Constitution
(University of the Western Cape, 2013)
Local governance in Zimbabwe has a chequered history. Despite high hopes for democratic local governance on the attainment of political independence in 1980, it has often defied democratic practice and is yet to bring ...
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University Western Cape, 2010)
On 3-4
November 2009 the Community Law Centre hosted a seminar entitled “Policy Dialogue on
the Future of Local Government in Zimbabwe”. A diverse spectrum of local government
practitioners was assembled to discuss ...