Dullah Omar Institute for Constitutional Law, Governance and Human Rights: Recent submissions
Now showing items 221-240 of 364
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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 ... -
Are ward committees working? Insights from six case studies
(Community Law Centre, University of the Western Cape, 2009)The research presented in this book sets out to offer a deeper and more nuanced understanding of the functioning and value of ward committees. In-depth qualitative studies of six ward committees are described. They provide ... -
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 ... -
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 ... -
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 ... -
Unfunded mandates: Directing subnational governments
(Deutsche Förschungsinstitut fur Öffentlichen Verwaltung, 2012)Unfounded mandates are an extreme manifestation of the phenomenon of governing from the centre; the federal government through various strategies imposes national mandates on state and local governments at the expense of ... -
The functioning of ward committees: Challenges and prospects
(Dullah Omar Institute, 2007)Ward committees were formally introduced in 2000, and many municipalities soon commenced the process of establishing them. The establishment rate of ward committees across the country now stands at over 90% and is growing, ... -
Implementing the Municipal Systems Amendment Act
(Local Government Bulletin, 2011)The Municipal Systems Amendment Act was signed into law by the President on 5 July 2011 and is set to have a major impact on municipal governance. Regulations to give further substance to the Act are on their way. The first ... -
The limits of democratic governance in South Africa, by Louis A. Picard and Thomas Mogale
(Oxford University Press, 2015)The title of the book by Louis A. Picard and Thomas Mogale is a bit of a misnomer. The book is not about democratic governance in South Africa in general—across the three spheres of government— but about democracy at the ... -
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 ... -
The scientific career of the zoologist Max Wilhelm Carl Weber (1852—1937)
(Bijdragen tot de Dierkunde, 1993)It is shown that the pinnacle of Max Weber’s scientific career was the organization and leadership of the Siboga Expedition to the former Netherlands East Indies (now Indonesia)in the years 1899—1900. Before that time, as ... -
Facilitating public participation: A niche role for the speaker?
(Community Law Centre, University of the Western Cape, 2007)Considerable attention has been drawn to local government’s ability to facilitate public participation and the role and effective administration of ward committees. Undoubtedly the most important aspect of the local ... -
Book Review: Improving local government
(Commonwealth Journal of Local Governance, 2009)Academic literature that engages in a comparison of local government systems, policies and practices and their impact on democracy and development is hard to come by. Yet, these comparisons are critical as they shed light ... -
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 ... -
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 ... -
Court condemns political interference in municipal manager's appointment
(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 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. ... -
Rules and orders: The building blocks of good governance
(Community Law Centre, University of the Western Cape, 2008)How does a municipality make its decision-making procedures clear and legally sound? How does it ensure that every councillor can participate meaningfully in council meetings? How does it keep council and committee meetings ... -
Implications for local government of a single public service
(Community Law Centre, University of the Western Cape, 2008)The Department of Public Service and Administration has published for comment a draft Public Administration Management Bill aimed at creating a single public service. The long-awaited Bill is being promoted as the magic ... -
Subsidiarity in the Constitution slapstick asymmetry or a 'rights based' approach to powers
(Community Law Centre, University of the Western Cape, 2008)What is subsidiarity? Subsidiarity is a general principle that says that governance should take place as close as possible to the citizens. It translates into the protection of lower levels of government against undue ...
