Law, Democracy & Development - Volume 7, Issue 2, 2003
Volumes & issues
Volume 7, Issue 2, 2003
Source: Law, Democracy & Development 7, pp VII –XV (2003)More Less
The focus of this edition is on local govern memo With the adoption of the 1996 Constitution in South Africa, local government has been given a new constitutional status as a distinctive, interdependent and interrelated sphere of government. As the closest sphere of government to the people, an elaborate legal framework had to be constructed to give effect to its developmental goal.
Author Sam RugegeSource: Law, Democracy & Development 7, pp 171 –200 (2003)More Less
During the last few years a controversy has raged over the role of traditional leaders in governance. fuelled by the passing of legislation providing for a restructured local government system, the demarcation of municipalities and the 2000 municipal elections that ushered in the new local government system. The controversy arose because the new municipalities cover the whole country. including the rural areas under the jurisdiction of traditional leaders. In rural areas municipalities have powers and functions that largely overlap with those that are supposed to be exercised by traditional authorities. Traditional leaders fear that once these municipal governments become fully operational, it will be the end of their influence and the end of traditional authorities. This paper looks at the problem of rural local government. the competing issues at stake and the implications of the different strategies that might be adopted by government in resolving the problem.
A perspective on local government's role in realising the right to housing and the answer of the Grootboom judgmentAuthor Jaap De VisserSource: Law, Democracy & Development 7, pp 201 –215 (2003)More Less
This article examines the responsibilities of the three spheres of government with regard to implementing the right of access to housing and in particular, the responsibility of local government. First, it sketches a conceptual framework - based on section 7 of the Constitution - that can assist in bringing together the constitutional allocation of responsibilities and the fundamental rights that people can claim against 'the state', Second, it then applies this to the responsibilities or local government when it comes to the right of access to housing, Third, it outlines and comments on the Constitutional Court's approach to the issue in its judgment in Government of the Republic of South Africa and Others v Grootboom and Others.
Author Johann MettlerSource: Law, Democracy & Development 7, pp 217 –225 (2003)More Less
The status of local government has changed radically compared to what was previously the case, Now, local government is an autonomous sphere of government; its powers are derived from the Constitution and are no longer delegated from the national or provincial government. The by-laws of a municipal council are legislative acts and are therefore not open to review in terms of administrative law, The Constitution further refers to various obligations that will determine the relations between a province and a municipality. These obligations are the monitoring, support. regulation and supervision of municipalities by provinces. By and large. the obligations have been further defined in legislation such as the Municipal Structures Act 1 17 of 1998 (hereafter the Structures Act 1998),' the Municipal Systems Act 32 of 2000 (hereafter the Systems Act 2000) and other national legislation. The sum of these relationships may be clustered under the term 'intergovernmental relations', although the term itself captures much more.
Author Nico SteytlerSource: Law, Democracy & Development 7, pp 227 –242 (2003)More Less
A new feature of local government outside metropolitan areas is the establishment of 47 district municipalities in December 2000. They share legislative and administrative powers with local municipalities in their area. Overlapping local government structures is not unknown in South Africa or elsewhere in the world. During South Africa's interim phase of local government transformation between 1995 and 2000, a two tier metropolitan system was established where both the metropolitan councils and a number of metropolitan sub-councils enjoyed jurisdiction in the same metropolitan area. Two-tier local government is also a feature in countries such as the United States, India, Germany and Spain.
The quest for financial discipline at local government level : the regulation of municipal borrowing and financial emergenciesAuthor Riekie WandragSource: Law, Democracy & Development 7, pp 243 –268 (2003)More Less
In February 2000 the Bronkhorstspruit town council was reported as being unable to meet its financial commitments and as having made "insufficient provisions for looming bad debts". In November 1999 the Johannesburg Metropolitan Council indicated that It would sell its metropolitan centre to an investment company and then rent it back in a desperate attempt to generate urgently needed cash. Despite this cash injection, the council still needed another R 100 million loan and was hoping to 'rollover' an existing R200 million loan that was due at the end of that year.
Indigenous peoples, corporate power and the knowledge economy : the law and politics of knowledge protectionAuthor Alex Tawanda MagaisaSource: Law, Democracy & Development 7, pp 269 –284 (2003)More Less
This article examines the law and politics pertaining to (he protection of knowledge systems at the local and international level The last decade has seen greater moves towards the protection of information and knowledge systems at a global level The overriding concern is to create a homogenous regime for the protection of knowledge across the globe, The intellectual property (IP) law system is undoubtedly the dominant knowledge protection mechanism in the global system and the dominant legal normative in this area. The IP system has grown in significance with the advent of the Agreement on Trade Related Issues of Intellectual Property (the TRIPS Agreement), established under the auspices of the World Trade Organisation at Marrakesh in April 1994. The TRIPS Agreement has institutionalised minimum standards for the protection of intellectual property rights.