Dullah Omar Institute for Constitutional Law, Governance and Human Rights: Recent submissions

Now showing items 241-260 of 364

    • Towards a professionalised municipal administration 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2010)
      The Department of Cooperative Governance and Traditional Affairs (CoGTA) has published proposed amendments to the Municipal Systems Act which will do much to promote a more professional administration by way of better-qualified ...

    • Proposed provincial planning laws compared 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2012)
      The legal framework for land use planning is changing rapidly, and provincial governments are addressing this issue by engaging in law reform. Their efforts takes places in the aftermath of the 2009 Constitutional Court ...

    • Spatial Land-Use Planning and Management Bill 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2012)
      The Minister of Rural Development and Land Reform has introduced the Spatial Planning and Land-Use Management Bill (SPLUMB) (14 of 2012) in Parliament. The Bill, which is likely to be fast-tracked, will have very serious ...

    • 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. ...

    • The state of our local democracies 

      de Visser, Jaap (Good Governance Learning Framework, 2010)
      Over the last 15 years, South Africa has transformed its local government system from an illegitimate, racist institution into a democratic institution with a developmental mandate. A new generation of municipalities, lead ...

    • Five suggestions to fix local government 

      de Visser, Jaap (State of Local Governance Publication, 2018)
      The past few weeks have brought the troubled state of local government to the fore with renewed vigour. The Auditor-General’s (AG) consolidated report over the 2016/2017 financial year presented a very bleak picture of the ...

    • 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 ...

    • A secret ballot? 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2007)
      The Municipal Structures Act provides that the elections of office-bearers must takes place in a secret ballot. However, it does not stipulate what the consequences would be if every councillor did not, in fact, cast his ...

    • Wolf in sheep's clothing? 

      de Visser, Jaap (Community Law Centre, University of the Western Cape, 2009)
      Section 156(1) of the Constitution is the basis for the status of local government in the Constitution. It provides that municipalities have authority over the matters listed in Schedules 4B and 5B of the Constitution. ...

    • Post-election analysis: Editorial 

      de Visser, Jaap (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 ...

    • New leaders, persistent challenges...What lies in store for local government? 

      de Visser, Jaap (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 ...

    • 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 ...

    • ANC proposals on local government 

      de Visser, Jaap; Chigwata, Tinashe (Community Law Centre, University of the Western Cape, 2012)
      In the run up to the ANC Policy Conference in Mangaung, the party's Legislature and Governance Working Group has produced a policy discussion document that pays considerable attention to provincial and local government.

    • Property rates - latest developments 

      de Visser, Jaap; Singiza, Douglas (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 ...

    • Entrenching decentralisation in Africa: A review of the African Charter on the values and principles of decentralisation, local governance and local development 

      Chigwata, Tinashe Calton; Ziswa, Melissa (The Hague Journal on the Rule of Law, 2018)
      The African Union (AU) adopted the African Charter on the Values and Principles of Decentralisation, Local Governance and Local Development (African Charter on Decentralisation) in 2014. The Charter seeks to promote ...

    • Intergovernmental planning and budgeting in Zimbabwe: Learning the lessons of the past 

      Chigwata, Tinashe Calton; Marumahoko, Sylvester (Commonwealth Journal of Local Governance, 2017)
      In Zimbabwe, the Prime Minister’s Directives on Decentralisation and Development of 1984 and 1985, together with the Provincial Council and Administration Act 1985, constitute the foundation for postindependence attempts ...

    • 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 ...

    • Professionalising political leadership: Leadership matters 

      Ntliziywana, Phindile (Community Law Centre, University of the Western Cape, 2010)
      Moves are afoot to professionalise the administrative arm of local government. First, the National Treasury has prescribed a competency framework for municipal officials at senior and middle management levels. All senior ...

    • The withholding of rates and taxes in five local municipalities 

      Powell, Derek; May, Annette; Ntliziywana, Phindile (Community Law Centre, University of the Western Cape, 2010)
      The Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. ...