Browsing Research Articles (Faculty of Law) by Author "de Visser, Jaap"
Now showing items 1-14 of 14
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Chewing more than one can swallow: the creation of new districts in Uganda
Singiza, Douglas Karekona; de Visser, Jaap (University of the Western Cape, 2011)This article analyses the process of creating districts. It briefly discusses the local government system in Uganda and introduces the phenomenon of the increase in the number of districts. It continues with an analysis ... -
Demarcating provincial and local powers regarding liquor retail
de Visser, Jaap (Unisa Press, 2004)Local government’s newly acquired status as a fully-fledged sphere of government with constitutionally protected powers is slowly gaining momentum. Now that the dust is slowly settling around the demarcation and ... -
Developmental local government in South Africa: institutional fault lines
de Visser, Jaap (UTS Centre for Local Government, 2009)This paper provides a brief introduction to the recent history of, as well as the legal and policy framework for, local government in South Africa. It discusses the transformation of local government from a racially ... -
Fact sheets on decentralisation in Africa
de Visser, Jaap; Chigwata, Tinashe (UTS ePRESS, 2022)A growing number of African countries are considering or implementing reforms that include forms of decentralisation. At times, these reforms are underpinned by (recent) constitutional change, as in Mozambique (2018), ... -
Institutional subsidiarity in the South African constitution
de Visser, Jaap (Juta Law, 2010)This article attempted to clarify the role played by section 156(4) of the Constitution by tracing some of the origins and manifestations of the principle of subsidiarity, on which this provision is modelled. It was argued ... -
Ministerial directives to local government in Zimbabwe: top-down governance in a decentralized constitution
Chigwata, Tinashe Calton; Muchapondwa, Varaidzo Violet; de Visser, Jaap (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, ... -
The (mis)management of ethnolinguistic diversity in Ethiopian cities
Ayele, Zemelak; de Visser, Jaap (Taylor & Francis, 2016)Ethiopia has an ethnic federal system that is based on the assumption that the ethnolinguistic communities of the country are located in neatly defined, or definable, territorial areas. On the basis of this assumption ... -
Municipal law making under SPLUMA: A survey of fifteen "first generation" municipal planning by-laws
de Visser, Jaap; Poswa, Xavia (Potchefstroom Electronic Law Journal, 2019)The legal framework for spatial planning and land use management changed with the introduction of the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA). SPLUMA facilitates the shift of power over critical ... -
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgment
de Visser, Jaap (University of the Western Cape, 2004)This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and, in particular, the responsibility of local government. Local authorities are ... -
The political-administrative interface in South African municipalities assessing the quality of local democracies
de Visser, Jaap (UTS Centre for Local Government, 2010)South African municipalities experience serious challenges in dealing with the interface between politicians and officials. Inappropriate political interference in administrative matters as well as strained relations ... -
Powers of Local Government
de Visser, Jaap (UNISA Press, 2002)The Constitution recognises and makes provision for three levels of government that derive their powers from the Constitution. The constitutional status of a municipality, as part of the third sphere of government, is thus ... -
Property rates as an instrument for development: an analysis of South African policy, law and practice
de Visser, Jaap (Commonwealth Secretariat, London, 2013)When local governments impose property taxes, their primary objective is to fund their expenditure. However, the role of local government can be seen as far more than simply the provision of local public services. Local ... -
Realising the right of access to water: pipe dream or watershed?
de Visser, Jaap; Cottle, Edward; Mettler, Johann (University of the Western Cape, 2003)The article assesses the implications of the Grootboom judgment on the right of access to water. The free basic water policy intends six free kilolitres of water per household per month to be funded from the equitable share ... -
Special interest councillors in Zimbabwe: a review of law and practice in terms of the 2013 Constitution
de Visser, Jaap; Mapuva, Jephias (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 ...