Multilevel Government Initiative (MLGI)http://hdl.handle.net/10566/13732024-03-29T14:19:09Z2024-03-29T14:19:09ZElecting councillors: A guide to municipal electionsde Visser, JaapSteytler, Nicohttp://hdl.handle.net/10566/23332016-08-30T20:07:56Z2016-01-01T00:00:00ZElecting councillors: A guide to municipal elections
de Visser, Jaap; Steytler, Nico
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 Act 117 of 1998, the Local Government: Municipal Electoral Act 27 of 2000 and the Local Government: Municipal Systems Act 32 of 2000. More rules can be found in various regulations under these Acts. The result is an advanced but complex electoral system. This manual outlines the main features of the system in an accessible manner. The objective is to assist anyone who participates in the election or assists in making it happen. This includes voting officials, government officials, councillors, candidates, political parties and members of civil society. The manual also addresses the rules for filling vacancies in between elections.
While the manual is comprehensive. it does not address every detail of the electoral system or every conceivable interpretation of the electoral laws. Further detail can be found in the various acts and regulations or obtained from the Independent Electoral Commission.
2016-01-01T00:00:00ZThe 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspectiveOrago, Nicholas Wasongahttp://hdl.handle.net/10566/13622016-08-30T19:49:17Z2013-01-01T00:00:00ZThe 2010 Kenyan constitution and the hierarchical place of international law in the Kenyan domestic legal system: a comparative perspective
Orago, Nicholas Wasonga
The prominent use of international human rights law in a state’s domestic
legal system depends on the hierarchical place occupied by international
law in general, and international human rights law in particular, among
the sources of law in that particular legal system. Two systems of receipt of
international law in the domestic legal systems have been used by
different states: monism, which looks to directly incorporate ratified
international law treaties in a state’s domestic legal system; and dualism,
which entails the transformation of international law into the domestic
legal system through the domestication of ratified international law
treaties by means of the enactment of parliamentary legislation. Kenya, as
a Commonwealth country, has always primarily followed a dualist
approach which requires that domesticating legislation be enacted by
parliament for ratified international law treaties to have application in the
domestic legal system. However, with the promulgation of the new
Constitution in August 2010, international law has been given a more
prominent role in the domestic legal system through the inclusion in the
Constitution of a provision directly incorporating ratified treaty law into
the Kenyan legal system as a legitimate source of law. This article is
primarily focused on analysing the hierarchical place of international law,
specifically international human rights treaty law, in the Kenyan domestic legal system in the context of the new constitutional dispensation. It
recommends that in order for international human rights law to have a
prominent place in the governance of the country, article 2(6) of the
Constitution should be interpreted progressively so as to give international
human rights law norms an infra-constitutional but a supra-legal status in
the domestic legal system. In this way, international human rights law will
act as a bulwark against recession to totalitarian rule, as well as safeguard
the democratic and fundamental rights protection gains that were won in
the struggle for constitutional change.
2013-01-01T00:00:00ZLocal government reform in Zimbabwe: A policy dialoguede Visser, JaapSteytler, NicoMachingauta, Naisonhttp://hdl.handle.net/10566/2082016-08-30T19:52:02Z2010-01-01T00:00:00ZLocal government reform in Zimbabwe: A policy dialogue
de Visser, Jaap; Steytler, Nico; Machingauta, Naison
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 issues related to local government in Zimbabwe. The seminar was structured around six critical themes relating to local government, namely socio-economic transformation, local government institutions and elections, local government financing, traditional authorities, local government functions and supervision of local government. Six authors from Zimbabwe prepared and delivered position papers on the above subject matters against the background of comparative comments from South African academics.
2010-01-01T00:00:00Z