Bulletin Archives

What happens when government fails to listen to rural voices: Constitutional Court declares Traditional and Khoisan Leadership Act unconstitutional

In a victory for rural communities, the Constitutional Court declared the Traditional and Khoisan Leadership Act (TKLA) unconstitutional. The Act came into force shortly before the 2019 national general elections but has now been set aside. The Act regulated aspects of the institution of traditional leadership including the functions of traditional and khoisan leaders, customary law and rural local governance. Why was it declared unconstitutional, and what does this mean going forward?

Knowledge management: the missing link for sustainable local governance

South African organisations face various challenges, one of which is the volatile, uncertain, complex, and ambiguous (VUCA) environment.

Constitutional Court gives AARTO the go-ahead: What does the judgment mean for municipalities?

On 12 July 2023 the Constitutional Court overturned an order of constitutional invalidity made by the Pretoria High Court (High Court), and instead declared the Administrative Adjudication of Road Traffic Offences Act (AARTO) to be consistent with the Constitution. The AARTO will thus regulate the administration, collection and settlement of fines related to road traffic offences, irrespective of whether the offence is committed on a municipal, provincial or national road.

DDM: Beating the silos, or adding bureaucracy?

In his Presidency Budget Speech in 2019, President Cyril Ramaphosa pointed out that government often operates in silos, and lacks coherence in planning and implementation, and that this makes monitoring and oversight of government action difficult.

Why are traditional leaders rejecting the implementation of SPLUMA?

This article is the first instalment in a series of articles that unpack the five main reasons behind the rejection of the Spatial Planning and Land Use Management of 2013 (SPLUMA) by traditional leaders in rural areas.

Local government, crime, by-laws, and law enforcement

This article discusses some of the highlights of the preliminary report on "The state of local government law enforcement” prepared by the Institute for Security Studies for the South African Local Government Association.

Rules for the sometimes unruly

The Minister for Cooperative Governance and Traditional Affairs published a Code of Conduct for Councillors on 14 June 2023 (the new code of conduct). This Code of Conduct was made under section 92 of the Municipal Structures Act 117 of 1998. The new Code of Conduct acts as a supplement to the one in Schedule 7 of the Municipal Structures Act.

Court prohibits a traditional leader from allocating municipal land

In November 2022, an article which examined the implications of the Lepelle Nkumpi Local Municipality v The Bakgaga Ba Ga-Mphalele Traditional Authority and Others judgment was published in the Bulletin. In that judgment, the Limpopo High Court ruled that the Bakgaga Traditional Authority may not allocate municipal land and issue PTOs without the approval of the municipality.

Local government waste management and the achievement of Commitment 5 of the Green Economy Accord

The article elucidates how technological, human, economic, and social capacity at the local government level have contributed to achieving Commitment 5 of the Green Economy Accord and provided the best strategies and practices to support waste recycling and reuse in South Africa.

Constitutional Court confirms that municipal by-laws do not need national or provincial approval

The Constitution creates a jurisdictional, functional and institutional space that is reserved only for municipalities. When acting in this space, municipalities are not subservient to national or provincial governments as was the case before the Constitution came into effect.

Deepening democracy through municipal councillor oversight

As a result of the wide-spread and intense criticism directed at local government for failing to deliver on its constitutional mandate, a necessity arise for in-depth study to evaluate the role of municipal councillors in their duty to provide oversight in ensuring policy implementation and accountability. In light of this, the LGSETA commissioned Enterprises UP to conduct research regarding the extent to which municipal councillors succeed in their oversight role.

Democratising local government helps to build and sustain peace

Local governments contribute to fostering peace by working in, and with the communities that reside within them

Municipal debt-crisis: Can Eskom reduce bulk electricity supply to defaulting municipalities?

This article discusses whether Eskom can decrease bulk electricity supply to defaulting municipalities in terms of a bulk supply agreement without informing the local citizens and businesses residing in a municipality’s jurisdiction. This issue was considered in Eskom Holdings SOC Ltd v. Vaal River Development Association (Pty) Ltd and Others, where the Constitutional Court (CC) confirmed that Eskom may reduce bulk electricity supply to municipalities, subject to it following a fair process, as prescribed in law.

Municipal enterprises in the energy sector: A case of Germany

This article explores how municipalities in Germany are dealing with the energy shortage since the outbreak of the war in Ukraine and outlines the legal framework of municipal economic activity. The war in Ukraine has disrupted supply chains across Europe and prompted sharp price increases, especially in the energy market. This has an impact on customers, the economy, and, most significantly, local governments.

The Procurement Bill will be introduced in Parliament: Is it constitutional?

The long-awaited Public Procurement Bill (Bill 2023) will be introduced in Parliament for debate in the second quarter of 2023, after being in the making since 2014. A key question is whether the 2023 Bill in its current form is constitutional. Specifically, does the establishment and the powers assigned to the Central Procurement Office in the Bill encroach on the autonomy of municipalities? This question is likely to be subject of the vetting for constitutional compliance, currently being undertaken by the Office of the Chief State Law Advisor.

Coalitions in local government: ideas for law reform

Coalition politics in local government, particularly in some of the country’s metropolitan municipalities continues to dominate the news for all the wrong reasons. This article offers reflections on coalition politics, and ideas for law reform to further the debate on what role, if any, the law can play in ensuring that governance in so-called “hung councils” improves.

Composing selection panels to appoint senior managers in municipalities

The law provides that senior managers in municipalities must have the requisite skills to perform. It further prescribes the procedure for appointing senior managers, including the appointment of selection panels to recruit and select candidates. Appointments made outside these rules are invalid.

Human Settlements in the 2023/24 Budget

Increasing 4.4% to R34.9 billion in 2023/24, the budget of the National Department of Human Settlements serves as the primary means for government to achieve its goal of integrated, sustainable human settlements. The new budget allocates R14.9 billion for the Human Settlements Development Grant (HSDG), while the Urban Settlements Development Grant (USDG) increases to R8.15 billion and the ISUPG to R8.6 billion.

Municipal managers must leave politics to councillors

After the 2021 local government elections, politicians have been fighting to control city councils where there is no outright majority. Mayors and speakers have been elected, and removed, on a regular basis. In this turmoil, municipal managers risk become entangled in politics

Reflections on reforming municipal law and policy in harmony with laws on carriage of hazardous materials by road in South Africa

South Africa is an industrial hub in sub-Saharan Africa and its transport industry is a 333 790 billion-rand industry that significantly contributes to taxes and employment. Many goods crisscross roads that fall under the responsibility of national, provincial, district, and local spheres of government, more specific to this discussion, are municipal roads.

Using a section 106 inquiry to investigate theft?

Section 106 of the Municipal Systems Act of 2000 empowers the MEC for local government to request information or to appoint an investigator(s) if he or she has reason to believe that “maladministration fraud, corruption or any other serious malpractice has occurred or is occurring in a municipality”.

Between a rock and a dark place: Municipalities battle to keep the lights on in the face of escalating debt

In the space of one week in September, the country’s load shedding status sent any sniff of foreign investors scurrying for cover, and the City of Tshwane narrowly averted being plunged into complete darkness after settling its outstanding debt to Eskom of over R1,6bn. It joined the City of Johannesburg, Ekurhuleni, and a long list of smaller municipalities which continually roll over debt, and default on payment settlement plans until the threat of Doomsday. Pay up, or we throw the big switch.

Court invalidates an unlawful contract and holds officials personally liable for unauthorised and irregular expenditure

The case of Imvusa Trading 1581 BK v Oudtshoorn Municipality is about a monetary claim arising from a contract between the Oudtshoorn Local Municipality and Imvusa Trading 1581 (Imvusa). The Municipality contracted Imvusa to repair potholes on its behalf without following the requirements set out in the Constitution and the Municipal Finance Management Act of 2003 (MFMA). The Court held that concluding procurement contracts by deviating from legislated procurement requirements renders such contracts unlawful and therefore invalid.

Court prohibits traditional authorities from developing land without the approval of the municipality

Since the pre-colonial era, traditional leaders have allocated land to residents in terms of indigenous law. In the democratic era, traditional leaders continue to allocate land to residents and issue permissions to occupy (PTO). These PTOs are sometimes issued by traditional leaders to a resident that is willing to pay to occupy land that is owned by the municipality. This can give rise to illegal occupation of municipal land and municipalities having to incur enormous expenditure in trying to service these developments.

Determining the size of local councils in Ethiopia: The larger, the more democratic?

It has been close to ten years since the local government elections were held in Ethiopia. The elections have been indefinitely postponed since 2018 because the political and security situation in the country did not permit conducting the elections.

Exploring the digital skills needs of small and medium-sized enterprises and co-operatives

Small businesses play a pivotal role in contributing to the nation’s gross domestic product (GDP) and employment creation. According to the International Finance Corporation, small businesses contribute about 34 percent of the GDP in South Africa and employ between 50 and 60 percent of the country’s workforce.

Exploring the smart city concept and its implications on the local government sector

Migration and population expansion have accelerated the rise of urban population in cities across the world, including Southern Africa. Africa has experienced substantial urbanisation over the past few decades, and this trend is anticipated to continue.

Land-grabbing: Municipalities must uphold the Constitution when dealing with unlawful occupiers

Land-grabbing is a term that captures the story of land dispossession in South Africa. The term has its roots in our apartheid history in which the authoritarian government initially deprived the Black majority (broadly defined) of their property. In democratic South Africa, land grabbing is often used to describe the process in which South Africans (black and white, men, women and children) are dispossessing the state and private businesses of land.

Rogue leadership and lawlessness in Kannaland Municipality

More than half of Kannaland Local Municipality’s population lives in poverty. Improved access to water and sanitation, well-maintained roads, adequate parks and recreation facilities, etc. can go a long way to ensure a dignified living in all its communities. However, Kannaland has struggled to deliver services since December 2018, when it was placed under provincial administration, a situation that still persists. Political instability, maladministration and poor oversight are among the root causes of poor service delivery. As political parties continue their political scheming to gain access to political office, service delivery in the Municipality continues to decline.

Traditional leaders, municipalities and land use management: Who does what?

On the 20th of October 2022, the Dullah Omar Institute (DOI) in partnership with the Hanns Seidel Foundation South Africa held a webinar under the theme “traditional leaders, municipalities and land use management”.