Browsing Research Articles - Dullah Omar Institute by Author "de Visser, Jaap"
Now showing items 21-40 of 55
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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 ... -
Intergovernmental fiscal relations in South Africa and the role of the Financial and Fiscal Commission: A 20 year review
(Community Law Centre, University of the Western Cape, 2014-07)The Finance and Fiscal Commission is government’s primary advisor with regard to intergovernmental fiscal relations. Its constitutional entrenchment and establishment in 1994 signalled that the post‐apartheid government ... -
Limits on witholding municipal clearance certificates
(Community Law Centre, University of the Western Cape, 2010)In City of Cape Town v Real People Housing (77/09) [2009] ZASCA 159 (30 November 2009), the Supreme Court of Appeal clarified the meaning of section 118(1) of the Municipal Systems Act. This provision gives municipalities ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Dullah Omar Institute, 2006)This paper focuses on the role of the council of a municipality towards ensuring accountable governance. First, it discusses the Code of Conduct for councillors, which is the key instrument at the hands of the municipal ... -
Local accountability: Enforcing the Code of Conduct for councillors
(Community Law Centre, University of the Western Cape, 2006)A perceived lack of responsiveness on the part of councillors towards their citizens as well as perceived, alleged and proven cases of corruption and maladministration involving councillors all contribute to the perception ... -
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 ... -
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University of the Western Cape, 2010)This publication is the result of a collaborative research project of South African and Zimbabwean academics and practitioners active in the field of local government. On 3-4 November 2009 the Community Law Centre hosted ... -
Local law making in Cape Town: A case study of the municipal planning by-law process
(United Nations Human Settlements Programme, 2016)This report examines municipal law making surrounding land use planning in the City of Cape Town. It investigates the extent to which the City of Cape Town has powers to make by-laws on land use planning and how much of ... -
Making law: A guide to municipal councils
(Community Law Centre, University of the Western Cape, 2000)The first fully democratic municipal elections held on 5 December 2000 saw local government take its rightful place as the third sphere of government. Chapter seven of the Constitution has now come into full operation. ... -
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, ... -
The (mis)management of ethno-linguistic diversity in Ethiopian cities
(Taylor & Francis, 2017)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 the ... -
Multilevel government in South Africa, Ethiopia and Kenya
(Forum Of Federations, 2018)This paper aims to inform policy makers and stakeholders in the Philippines about the critical features of, and practical experiences with, federalism and decentralization in South Africa, Kenya and Ethiopia. The ... -
Multilevel government, municipalities and food security
(DST-NRF Centre of Excellence in Food Security, South Africa, 2019)Realising the right to food in South Africa requires more than an increase in food production. Increasing access to food is equally important, so this contribution adopts a 'food systems approach'. It argues that food ... -
New leaders, persistent challenges...What lies in store for local government?
(Community Law Centre, University of the Western Cape, 2009)The outcome of the elections of 22 April is critical for local government. The success of ‘developmental local government’ depends to a large extent on the choices the incoming national and provincial governments make ... -
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 ... -
The political-administrative interface in local government - Assessing the quality of local democracy
(Community Law Centre, University of the Western Cape, 2009)Municipalities have registered a tremendous democratic and service delivery record, yet the public perception of them is troubling. Municipalities are too often identified with corruption, inefficiency and inaccessibility. ... -
Position paper on the provincialisation of personal primary health care services
(South African Local Government Association, 2009)Primary health care (PHC) was internationally accepted in 1978 as the preferred system for health care. It is defined in the Declaration of Alma Ata and includes essential care, which is appropriate, available and affordable ... -
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 ... -
Professional administration : crucial for service delivery
(Community Law Centre, University of the Western Cape, 2011)Municipalities cannot deliver on their developmental mandate without suitably qualified and professional staff. However, evidence shows that the lack of good governance of staff matters in many municipalities results in ... -
Property rates - latest developments
(Community Law Centre, University of the Western Cape, 2010)Property rates, as a form of tax imposed on the market value of land and buildings, are the key source of revenue of municipalities. The framework for the imposition of property rates is carefully regulated by the Municipal ...
