Faculty of Law: Recent submissions
Now showing items 601-620 of 909
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The powers of local government in decentralized systems of government: Managing the 'curse of common competencies'
(Institute of Foreign and Comparative Law, 2005)The issues and problems flowing from common competencies are shared by many, if not all, decentralised and federal systems; they are a feature arising from the division of powers between two levels of government. The ... -
The place and role of local government in federal systems
(Konrad-Adenauer-Stiftung, 2005)South Africa has embarked on an important experiment of creating a decentralised system of government comprising three spheres of government – national, provincial and local. In comparison with international practice, ... -
The impact of the global financial crisis on decentralized government in South Africa
(L'europe En Formation, 2010)Th e global fi nancial crisis has had a severe impact on South Africa.1 Th e economy went into recession in 2008/09 for the fi rst time in 17 years. Nearly a million jobs were lost in 2009 alone. Growth has resumed, but ... -
The (mis)management of ethno-linguistic diversity in Ethiopian cities
(Routledge, 2017)Ethiopia has an ethnic federal system that is based on the assumption that the ethnolinguistic communities of the country are located in neatly defined, or definable, territorial areas. On the basis of this assumption ... -
The constitutional conversation between the federal structure and a bill of rights
(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 emerging role of metropolitan cities in federations
(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 ... -
Socio-economic rights and the process of privatizing basic municipal services
(Law, Democracy & Development, University of the Western Cape, 2004)The socio-economic righ ts in the Bill of Rights bind all organs of state, including municipalities. These rights may also impose posicive obligations. Through the delivery of basic services. municipalities fu lfi l some ... -
Roles and responsibilities of the municipal manager
(Community Law Centre, University of the Western Cape, 2001)renaming and transformation of local government structures. Coping with the new designation is probably the least important of the changes for the municipal manager. One of the key challenges in this respect is defining ... -
National cohesion and intergovernmental relations in South Africa
(JUTA, 2016)The creation of provinces in 1994 gave effect to the grand compromise of the 1993 negotiations, but also raised fears about the deleterious consequences they could hold for national cohesion. A first concern was that ... -
Multilevel government in South Africa, Ethiopia and Kenya
(Forum Of Federations, 2018)This paper aims to inform policy makers and stakeholders in the Philippines about the critical features of, and practical experiences with, federalism and decentralization in South Africa, Kenya and Ethiopia. The ... -
Making law: A guide to municipal councils
(Community Law Centre, University of the Western Cape, 2000)The first fully democratic municipal elections held on 5 December 2000 saw local government take its rightful place as the third sphere of government. Chapter seven of the Constitution has now come into full operation. ... -
Local government reform in Zimbabwe: A policy dialogue
(Community Law Centre, University of the Western Cape, 2010)This publication is the result of a collaborative research project of South African and Zimbabwean academics and practitioners active in the field of local government. On 3-4 November 2009 the Community Law Centre hosted ... -
The Constitutional Court of South Africa: Reinforcing an hourglass system of multi-level government
(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 ... -
The constitutional conversation between the federal structure and a bill of rights
(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 ... -
District-local municipal relations: The challenges to cooperative government
(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 ... -
Status quo report on intergovernmental relations regarding local government
(Community Law Centre, University of the Western Cape, 2006)Local government in South Africa is a unique experiment in intergovernmental relations. Guided by the constitutional principle of co-operative government, the provinces, and district and local municipalities must work ... -
Local government in the 2013 constitution of Zimbabwe: Defining the boundaries of local autonomy
(Hague Journal on the Rule of Law, 2017-10-06)The 2013 Constitution of Zimbabwe recognises local government as the lowest tier of government in a three tier arrangement. Thus, local government, composed by urban and rural local authorities, now owes its existence ... -
Implementing Spluma: A review of four ‘Post-Spluma’ provincial planning bills
(Dullah Omar Institute for Constitutional Law, Governance and Human Rights, 2017-10)Between 2015 and 2017, municipalities across the country developed municipal planning bylaws. Many municipalities were assisted by national government and/or provincial governments. The involvement of both the national ... -
Defining local government powers and functions
(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 ... -
Intergovernmental fiscal relations in South Africa and the role of the Financial and Fiscal Commission: A 20 year review
(Community Law Centre, University of the Western Cape, 2014-07)The Finance and Fiscal Commission is government’s primary advisor with regard to intergovernmental fiscal relations. Its constitutional entrenchment and establishment in 1994 signalled that the post‐apartheid government ...