Local Government Bulletin - Volume 11, Issue 5, 2009
Volume 11, Issue 5, 2009
Source: Local Government Bulletin 11 (2009)More Less
The success of the constitutional dialogue and the developments surrounding local government in Zimbabwe are of great importance to South Africa. Firstly, our well-being is connected to that of our northern neighbour. Municipalities close to the border with Zimbabwe will attest to this but so will those that deal with the social and economic challenges of in-migration from Zimbabwe. Secondly, the debate in Zimbabwe turns on issues that are very similar to those that determined our current Constitution when it comes to local government. Lastly, South African municipalities should know that countries such as Zimbabwe look at the great South African experiment with autonomous local governments and wonder whether a similar route will be appropriate for them.
Author Ashraf AdamSource: Local Government Bulletin 11, pp 7 –9 (2009)More Less
Constitutional democracies are often 'messy'. Systems in a democracy are largely dependent on a number of processes. If these processes are not synchronised, it may lead to development trajectories that are not determined by common visions, but are rather informed by the vicissitudes of those who participate in those processes.
Source: Local Government Bulletin 11, pp 12 –14 (2009)More Less
The turnaround strategy (TAS) for local government is gaining momentum. Initiated by the Department of Cooperative Governance and Traditional Affairs (CGTA), the TAS is aimed at identifying the drivers of the distress in local government and the mechanisms needed to effectively and efficiently address them. The urgency with which the distress in local government is viewed is evident in the express commitment of both Minister Shiceka and President Zuma to the TAS. The political will to see this process through, therefore, seems to exist. However, to yield different and more substantial results from that of similar prior processes, it must contain certain key elements.
Source: Local Government Bulletin 11, pp 15 –17 (2009)More Less
The Municipal Budget and Reporting Regulations ('Budget Regulations') came into operation in April 2009. They give further content to the Municipal Finance Management Act (MFMA) of 2004 and regulate issues such as municipal financial policies, the annual budget, adjustment budgets, in-year reporting and noncompliance with time provisions. Furthermore, the Budget Regulations aim to provide clearer and more stringent regulations around matters of unforeseen and unavoidable expenditure. They also deal with expenditure that is unauthorised, irregular and fruitless and wasteful.
Source: Local Government Bulletin 11, pp 18 –20 (2009)More Less
Municipalities have registered a tremendous democratic and service delivery record, yet the public perception of them is troubling. Municipalities are too often identified with corruption, inefficiency and inaccessibility. Councillors are sometimes perceived as inward-focused and too preoccupied with the political goings-on within the council and the technicalities of the municipal administration. As a consequence, there is a serious breakdown in the relationships between councillors and communities. This is evidenced by continuing community protests, directed at councillors and municipal officials.
Source: Local Government Bulletin 11, pp 22 –24 (2009)More Less
Local government, in its democratic form, is a mere nine years old. However, the amalgamation and consolidation of municipalities and the establishment of new ones have all taken place at different times. The result is that the exact stage of development in which any given municipality finds itself may differ vastly from that of its neighbour. In the pursuit of developmental local government, the establishment, consolidation and sustainability phases that the sphere has undergone (and continues to undergo) have been well documented.
Author Phoebe BoltonSource: Local Government Bulletin 11 (2009)More Less
In a municipal bid process the preferred bidder is usually informed of its success by means of an award letter. The contract will then be implemented and performance will take place. It is important, however, for the correct bidder to be notified of its success. If an award letter is issued to the wrong bidder, a municipality runs the risk of a damages claim for any performance that took place under the contract.
Author Clive KeeganSource: Local Government Bulletin 11, pp 26 –27 (2009)More Less
The Constitutional Court has ruled that the disconnection of electricity supply to a block of flats by the Johannesburg municipality without prior notice was unlawful, and ordered its immediate reconnection. The Court set aside a decision of the South Gauteng High Court which held that there is no obligation on the Johannesburg municipality to afford procedural fairness to tenants with whom City Power has no contractual relationship before taking a decision to disconnect their electricity.
Author Annette MaySource: Local Government Bulletin 11 (2009)More Less
On 3-4 November 2009, the Community Law Centre saw the realisation of a much-anticipated regional collaboration. As part of its programme to establish learning networks and collaborative partnerships in the area of local government across Africa, the Centre hosted a ''Policy Dialogue on the Future of Local Government in Zimbabwe.' The seminar, which was held in Harare, brought together a diverse spectrum of local government practitioners to discuss issues related to local government in that country. Participants ranged from members of Parliament, to civil society representatives, academics, government officials and independent consultants.