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A review of the Public Procurement Act of 2024: Ministerial regulatory powers
This article, part of a series covering the Public Procurement Act, discusses the delegation of law-making powers to the responsible Minister.
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Volume 19, Issue 4, November/December 2024
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Is national government’s approach to local government roadworthy? Vehicle testing sites and unfunded mandates
The law contains many provisions that charge municipalities with responsibilities that are not part of local government’s constitutional mandate. They are ...
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Volume 20, Issue 1, March 2025
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Provincial governments are not intervening when they are supposed to: The Case study of Emalahleni Local Municipality
The latest municipal audit results (2017-18) released by the Auditor-General (AG), Kimi Makwetu, found amongst others that a third of municipalities are not in ...
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Volume 14, Issue 1, September 2019
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Courts forcing provinces to intervene in dysfunctional municipalities: case study of Makana Local Municipality
When a municipal council delays or fails to implement a financial recovery plan imposed by the province, can the provincial executive dissolve the council? ...
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Volume 15, Issue 1, March 2020
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SCA reinstates the City of Tshwane’s municipal council, for now…
On 27 October 2020, the Supreme Court of Appeal (SCA) ruled in The Premier for the Province of Gauteng and Others v Democratic Alliance and Others that the ...
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Volume 15, Issue 4, November 2020
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Amending Municipal Governance Laws: New Rules, New Directions? A focus on the Municipal Systems Amendment Bill
On 29 October 2019, Parliament revived deliberations on the Municipal Systems Amendment Bill (Bill). The Bill had been undergoing stakeholder engagement before ...
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Volume 16, Issue 1, March 2021
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Court stops reckless electricity outsourcing contract
Can a municipality under a section 139(5) intervention avoid or by-pass an Administrator, or adopt decisions, such as entering into contracts, that undermine a ...
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Volume 16, Issue 2, June 2021
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Stepping aside, But then What? How the ANC's Resolution affects councillors
The African National Congress (ANC) is implementing a resolution, which provides that members who face criminal charges for corruption, must ‘step aside’. It ...
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Volume 16, Issue 2, June 2021
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Court orders national government to leapfrog into Lekwa Local Municipality
Failed service delivery at municipal level is not a new phenomenon. In recent times, however, communities, non-governmental organisations and private companies ...
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Volume 16, Issue 3, September 2021
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What happens to interventions after the local government elections?
Too many municipalities are not functioning as they should. The Auditor General has repeatedly reported municipalities’ poor financial management (see ...
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Volume 16, Issue 3, September 2021
