Faculty of Law: Recent submissions
Now showing items 541-560 of 909
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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 ... -
Towards a professionalised municipal administration
(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
(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
(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
(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
(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
(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
(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
(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?
(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?
(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
(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?
(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
(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
(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.
