n Law, Democracy & Development - Provincial-municipal relations : a few challenges




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.


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