Local Government Law of South Africa
The Local Government Law of South Africa offers a comprehensive analysis of local government law.
Constitutional Change and Constitutionalism in Africa Get access Arrow
The new generation of African constitutions that were crafted in the 1990s began a trend that promised a new dawn of radical transformation of the continent’s governance landscape, and a concerted attempt to eliminate the risks of coups and political instability that had plagued the continent since decolonization and the granting of independence to countries from 1957 onwards, by embedding democracy and constitutionalism.
Journal Article: 'Improving Legislative Protection for Whistleblowers of Corruption in South African Municipalities'
Whistleblowing is widely recognised as a critical mechanism for preventing and combating corruption in South African municipalities. However, whistle-blowers often face severe retaliation, creating a climate of fear that discourages reporting and ultimately undermines anti-corruption efforts.
Book Chapter - 'Confronting Territorial Inequality among South African Municipalities: Challenges to the Fiscal Equalisation System'
South Africa’s intergovernmental fiscal system was designed to address the deeply entrenched spatial and racial inequalities produced by apartheid, primarily through equitable financial transfers from national to subnational governments. This chapter critically examines whether these fiscal transfers, particularly the Local Government Equitable Share (LGES) and the Municipal Infrastructure Grant (MIG), have fulfilled their redistributive function by ensuring access to basic services for the poor.
Mont Fleur Conversations on Constitutionalism
In December 2022, 19 constitutional law scholars gathered at Mont Fleur, a secluded conference venue nestled high against the Stellenbosch mountains, to discuss matters pertinent to constitutionalism and federalism. Unlike most conferences, the aim was not to follow the usual format of presenting papers followed by a Q&A, but to engage in conversations and ‘blue-sky’ thinking on the fundamentals of constitutionalism.
Journal Article: ‘Minister of Water and Sanitation v Msukaligwa Local Municipality: Is financial incapacity a valid excuse?’
South African local government is failing to provide basic services. These services are important to realize many socio-economic rights. Municipalities often refer to their financial incapacity as an excuse for not delivering basic services.
Book Chapter: 'Judicial financial (in)dependence in Zimbabwe: The law, politics, and finances'
The 2013 Constitution states that Zimbabwe is founded on respect for the supremacy of the Constitution, the rule of law, fundamental human rights and freedoms and separation of powers among other values and principles.
Journal Article: ‘Encouraging whistle-blowers of corruption in South Africa: A critical evaluation of money rewards’
In South Africa, as in many other countries, corruption and related criminal activities are deeply rooted and seem to cripple municipalities and the public sector in general. Studies have shown that whistleblowing is an essential tool that contributes to transparency and thus helps to control corruption.
Unpacking the 2024 Government of National Unity in South Africa: Challenges, opportunities and lessons for Stable Coalition Governance
This Policy Brief describes and analyses the Government of National Unity (GNU), formed in the aftermath of South Africa's elections of 29 May 2024. It sets out the main features of the GNU nationally, and in the three provinces where there was no outright majority. It also assesses the GNU's impact on intergovernmental relations, and reflects on GNUs concluded elsewhere on the continent.
Journal Article: ‘Financing Local Governments in South Africa’
The intergovernmental fiscal architecture for local governments in South Africa is a product of the negotiations in the late 1990ties to end apartheid, a thorough consideration at the time of what funding system for local government would serve a democratic South Africa the best, and the many developments that the system has undergone since its inception around the turn of the century. The architecture reflects South Africa’s integrated system of multilevel government.
Journal Article: 'Mediation and the structural interdict as legal options to resolve service delivery failures in South Africa'
South African municipalities are entrusted to perform various functions, including providing basic services to communities. Recently, the auditor-general has raised concern about municipalities’ overall functionality and ability to fulfil their obligations.
Registers of councillors' interests: A missed opportunity to enhance accountability and transparency in local government
This report presents the findings of a study undertaken by the Multilevel Government Project at the Dullah Omar Institute. The study examined whether municipalities are publishing councillors’ declarations of interest on their respective municipal websites.
A citizen's perspective on the rule of law: Democracy and elections in South Africa
A documentation of the seminar titled "A citizen’s perspective on the rule of law: Democracy and elections in South Africa," conducted on 21 February 2024, and organized by the Dullah Omar Institute, in partnership with the Hanns Seidel Foundation South Africa (HSF).
Book Chapter: 'Constitutional Approaches to Diversity and Non-discrimination in Multi- level States: Indonesian and South African Jurisprudential Perspectives'
This chapter examines the Indonesian Constitutional Court’s decision on the strict requirements for the candidates running for governor and deputy governor in the Special Region of Yogyakarta, which had limited the field of eligible candidates to only two men.
Constitutional Identity and Constitutionalism in Africa
This volume in the Stellenbosch Handbooks in African Constitutional Law series, brings together contributions from established scholars and emerging voices on the study of constitutional processes. They provide an urgent critical analysis of existing paradigms, concepts and normative ideologies of modern African constitutionalism in the context of constitutional identity.
The Forum of Federations Handbook on Local Government in Federal Systems
This book brings together leading scholars and practitioners from around the globe to examine the current roles of and future trends in local government structures and mechanisms in 16 different federal and federal-type countries.
Coalition governments: What are the options for law reform at municipal level?
In this Policy Brief, we explore two issues, namely (1) what are the options for thresholds at municipal level? and (2) how to ensure that municipal service delivery continues when there is instability?
Why are municipalities not publishing procurement information on their websites and the eTender Portal?
This report presents the findings of a study conducted by the Dullah Omar Institute (DOI) in partnership with the International Budget Partnership South Africa (IBP-SA). The study examined the state of transparency in local government procurement, in particular the reasons why municipalities do not publish key procurement information on their websites and National Treasury’s eTender Portal timeously and consistently. Procurement information in this context includes tender notices, tender specifications, and tender awards.
Constitutionalism and the Economy in Africa
This book offers a range of comprehensive arguments and case studies that will be of interest and use to academics, post-graduate students, judges, lawyers, economists, and policy makers involved in the economic role of the State, the impact of globalization, and the constitutional foundations for land and natural resources exploitation.
The application of ubuntu in law, mediation and social change
This report summaries what emerged during the lecture on 'The application of ubuntu in law, mediation and social change.'
Contemporary Governance Challenges in the Horn of Africa
This book argues that a leading cause of the political instability in the Horn of Africa is a crisis of governance, caused by extreme centralization of power, weak institutions, and the failure to institutionalise the responsible use of authority.
In 2021 the Dullah Omar Institute (DOI) and IBP South Africa conducted comprehensive assessments of the transparency and oversight of, and participation in, the budgets of five of the metros.
Local Government in South Africa: Responses to Urban-Rural Challenges
The Dullah Omar Institute's Multilevel Government Project, with the support of the South African Local Government Association, produced the Country Report on South Africa in the framework of the H2020-MSCA-RISE-2018 project “LoGov - Local Government and the Changing Urban-Rural Interplay”.
How transparent is municipal procurement?
This report, which focuses on transparency in local government procurement, follows on the 2020 report titled "How transparent are municipal websites about the goods and services that municipalities procure?" In total, 34 municipalities were assessed for the 2020 report. The sample of municipalities was increased to 49 in the 2021 survey.
Framework for Coalitions in Local Government
This Framework provides practical guidelines to political parties and councillors on the formation and management of coalitions in local government. It sets out the relevant law but also offers guidance on issues such as coalition agreements, kingmakers and the distribution of political offices.
Developmental Local Government Series: Municipal Perspectives on Development, Governance and Service Delivery
This book offers insight into the experience, practice and future of local government in South Africa. The book merges practical and theoretical perspectives to inform policy debates, to educate and to guide the practice of local government.
Comparative Federalism and Covid-19: Combating the Pandemic
This comprehensive scholarly book on comparative federalism and the Covid-19 pandemic is written by some of the world’s leading federal scholars and national experts.
Combating Corruption in Local Government in the Western Cape
This report surveys the experience of local government stakeholders in the Western Cape with addressing corruption. The report was commissioned by the Western Cape Department of Local Government and supported by the Hanns Seidel Foundation. The report gives an overview of manifestations of corruption in local government, as well as the experience of local government stakeholders in detecting, investigating, and prosecuting allegations of corruption, involving local government officials and councillors.
The Legal Framework for Combating Corruption in Local Government in the Western Cape
This report details the legal framework for combating corruption in municipalities. It was commissioned by the Western Cape Department of Local Government and supported by the Hanns Seidel Foundation. It presents an overview of the law applicable to detecting, investigating, and prosecuting allegations of corruption, involving local government officials and councillors.
Electing Councillors: A Guide to Municipal Elections
The Manual provides us with further insight into the electoral process and will ensure that the various role-players are suitably informed of the rules and regulations governing them. We hope in particular that citizens, the media, political parties and their candidates take note of these legal prescripts.
