Powers of Local Government
Drafted by Prof Jaap de Visser and Prof Nico Steytler, the concerns of the draft bill are the electricity restructuring and the general legal and the constitutional consequences if the amendment.
Subsidiarity is a general principle that says that governance should take place as close as possible to the citizens. It translates into protection of lower levels of government against undue interference by other spheres and into a preference for placing functions and powers at lower levels of government where possible. The South African Constitution was influenced by this principle even though it is not mentioned explicitly.
Six years have passed since the new local government dispensation in South Africa was established. In view of the upcoming 2009 elections and the key policy decisions which need to be made, there has been a recent drive to review the success of local government in meeting its constitutional obligations to citizens. Key to such a review is evaluating the extent to which the powers and functions designated to local government enable it to effectively and efficiently meet its developmental mandate.
Public hearings on the Bill were held during the second week in May 2003. The main issue pertaining to local government is the control over outlets that sell liquor to the public, with specific reference to the where and when of liquor sales.
The Powers of Local Government In Decentralized Systems of Government: Dispelling “The Curse of Common Competencies”, No. 2 of 2003
Keywords: local government, legislative and executive competencies, overlapping jurisdiction, plenary powers, service delivery, subsidiarity, supervision
Keywords: assigned powers, Municipal Systems Act, devolution, local government functions, subsidiarity
Keywords: local government powers, assigned functions, Fedsure Life Assurance v Greater Johannesburg Transitional Metropolitan Council
The Institutional Framework for Developmental Local Government: Making Good on the Promise of Development?, No. 3 of 2001
Keywords: developmental local government, legislative and constitutional framework, development
A manual for councillors dealing with the process of municipal lawmaking. It discusses the legislative power of municipalities, the requirements to the content of by-laws and the procedural requirements for adopting a by-law.
Keywords: child care, local government, rights of the child, Schedule 4B
Keywords: legislative functions, Schedule 4, Schedule 5, exclusive competence and local government legislation
Keywords: equality, unfair discrimination, administrative fairness and municipal duties