Now showing items 11-30 of 135

  • Career patterns of local politicians: The case of metropolitan mayors 

    de Visser, Jaap (Community Law Centre, University of the Western Cape, 2006)
    Local government is emerging as a strong third sphere of government. Within local government, metropolitan cities are coming out as powerful institutions. Meanwhile, the discussion on the role of provincial governments is ...
  • Community participation: The cornerstone of (local) participatory democracy 

    de Visser, Jaap (Community Law Centre, University of the Western Cape, 2007)
    Community participation is key to the functioning of local government. One of the constitutional objects of local government is to encourage the involvement of communities and community organisations in local government. ...
  • Confronting the state of local government: the 2013 Constitutional Court decisions 

    de Visser, Jaap; Steytler, Nico (Juta, 2016)
    In September 2014 the then Minister of Cooperative Governance and Traditional Affairs, Pravin Gordhan, divided municipalities into three groups: a third of the municipalities was carrying out their tasks adequately, a third ...
  • Constitution-Building in Africa 

    de Visser, Jaap; Steytler, Nico; Powell, Derek; Durojaye, Ebenezer (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 ...
  • The constitutional conversation between the federal structure and a bill of rights 

    Steytler, Nico (Community Law Centre, University of the Western Cape, 2015-01)
    It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ...
  • The constitutional conversation between the federal structure and a bill of rights 

    Steytler, Nico (Institute of Federalism, University of Fribourg, 2015-01)
    It is often assumed that a constitution speaks with one voice and that all parts are in harmony with each other. Although different provisions can be given higher status than others (as reflected in the more arduous amendment ...
  • The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government 

    Steytler, Nico (University of Toronto Press, 2017)
    “The supremacy of the constitution and the rule of law” are two foundational values of South Africa’s 1996 Constitution (s. 1(c)). An independent judiciary is thus set to play a major role in interpreting and enforcing ...
  • Constitutional Court shows DFA the door 

    de Visser, Jaap (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 ...
  • Court condemns political interference in municipal manager's appointment 

    de Visser, Jaap (Community Law Centre, University of the Western Cape, 2009)
    Amathole District Municipality, a municipality controlled by the African National Congress (ANC), advertised the position of municipal manager. The recruitment process was subject to the municipality’s Recruitment Policy, ...
  • The criminalization of torture in South Africa 

    Fernandez, Lovell; Muntingh, Lukas (Cambridge University Press, 2016)
    This article describes the politics related to the criminalization of torture in South Africa. It studies the differences between torture as an international crime and as a crime under international human rights law. The ...
  • Decentralisation and Constitutionalism in Africa: Concepts, Conflicts and Challenges 

    Steytler, Nico (Fourth Stellenbosch annual seminar on constitutionalism in Africa (SASCA), 2016-09-07)
    A central quest in post-Cold War Africa has been to bring the Leviathan – the untrammelled ruler – to heel through constitutionalism, and, to a lesser extent, also decentralisation. 1 The unbridled power of the imperial ...
  • Decentralization in Africa and the resilience of traditional authorities: Evaluating Zimbabwe’s track record 

    Chigwata, Tinashe Calton (Regional and Federal Studies, 2015)
    This paper looks at one of the most important endogenous factors influencing the workings of decentralization in Zimbabwe. Successive waves of formal institutional change that took place during Zimbabwe’s colonial and ...
  • Defining local government powers and functions 

    Steytler, Nico; Fessha, Yonatan Tesfaye (Sabinet, 2007)
    The functional areas of provincial and local government competency are listed in Schedules 4 and 5 of the Constitution, with those appearing in part A of each schedule confined to provincial government and those in part B ...
  • Devolution by court injunction: The case of land use planning and management in South Africa 

    de Visser, Jaap (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. ...
  • District municipalities : giving effect to shared authority in local government 

    Steytler, Nico (Law, Democracy & Development, 2003-01)
    A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. ...
  • District-local municipal relations: The challenges to cooperative government 

    Steytler, Nico; Jordan, Janis (Community Law Centre, University of the Western Cape, 2005)
    Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...
  • District-local municipal relations: The challenges to cooperative government 

    Steytler, Nico; Jordan, Janis (Community Law Centre, University of the Western Cape, 2005)
    Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical ...
  • DPLG's policy review process: Local government under the spotlight 

    de Visser, Jaap; Christmas, Annette; Baatjies, Reuben (Community Law Centre, University of the Western Cape, 2007)
    On 31 July 2007, the Department of Provincial and Local Government (DPLG) initiated a policy review process of provincial and local government. It will ultimately result in a first White Paper on Provinces and a discussion ...
  • The draft: Municipal financial misconduct regulations 

    Ntliziywana, Phindile (Local Government Bulletin, 2012-10)
    On 13 July 2012, the National Treasury published the draft Municipal Financial Misconduct Regulations for public comment. They set out processes and procedures that municipalities and entities must follow when dealing with ...
  • The emerging role of metropolitan cities in federations 

    Steytler, Nico (Forum of Federations, 2001)
    City-regions or large metropolitan cities are a rapidly growing phenomenon in developing countries. They are also seen as a key mechanism to the development and growth trajectories of those countries, particularly in the ...