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Now showing items 41-50 of 57
Wolf in sheep's clothing?
(Community Law Centre, University of the Western Cape, 2009)
Section 156(1) of the Constitution is the basis for the status of local government in the Constitution. It provides that municipalities have authority over the matters listed in Schedules 4B and 5B of the Constitution. ...
Constitutional Court shows DFA the door
(Community Law Centre, University of the Western Cape, 2010)
In October 2009, the Supreme Court of Appeal (SCA) declared parts of the Development Facilitation Act (DFA) unconstitutional. The Gauteng Development Tribunal was making land use management decisions and bypassing municipal ...
Post-election analysis: Editorial
(Community Law Centre, University of the Western Cape, 2009)
The 2009 national and provincial elections have come and gone. As expected, the results have reshaped politics. The new President has promised a marked improvement in the service delivery and performance of the public ...
Bridging the gap between theory and practice: Reviewing the functions and powers of local government in South Africa
(Commonwealth Journal of Local Governance, 2009)
The purpose of this practice note to evaluate the current allocation of functions and powers in the Constitution, and furthermore to propose a set of criteria to guide decisions on where powers and functions are best ...
A secret ballot?
(Community Law Centre, University of the Western Cape, 2007)
The Municipal Structures Act provides that the elections of office-bearers must takes place in a secret ballot. However, it does not stipulate what the consequences would be if every councillor did not, in fact, cast his ...
The unresolved ethnic question in Uganda’s district councils
(Law, Democracy & Development, 2015)
This article examines the legal and constitutional framework for the election of district councils in Uganda because the design and practice of elections in Uganda has an impact on Uganda’s ability to follow through on the ...
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, ...