Local Government Bulletin - Volume 14, Issue 1, 2012
Volume 14, Issue 1, 2012
Source: Local Government Bulletin 14, pp 2 –3 (2012)More Less
On 16 March, former President Thabo Mbeki delivered the Eighth Dullah Omar Memorial Lecture at the University of the Western Cape. Reflecting on peacemaking, state sovereignty and democratic governance in Africa, Mr Mbeki specifically called upon the Community Law Centre to promote the recently adopted African Charter on Democracy, Elections and Governance (ACDEG). Importantly, Mr Mbeki called for a concerted effort to ensure the urgent ratification and implementation of the charter.
Source: Local Government Bulletin 14, pp 4 –5 (2012)More Less
It is clear from current events in Mali, as well as the recent upheavals in Algeria, Benin, Côte d'Ivoire, Egypt, Libya and Tunisia, that African countries face critical challenges which affect not only the lives of citizens of those countries, but the entire continent and region. Many of these recurring challenges, rooted in corrupt practices, maladministration and inefficient governance, are manifested in severe poverty and limited or no delivery of the basic services necessary for human health and well-being. They reflect the weakness and fragility of good governance, democracy and human rights in Africa.
Source: Local Government Bulletin 14, pp 6 –7 (2012)More Less
President Jacob Zuma, in his State of the Nation speech on 9 February 2012, announced the government's plan to launch a new infrastructure building campaign. A few days later, Finance Minister Pravin Gordhan delivered his Budget Speech to Parliament, in which he declared that '[a]n expansion in infrastructure investment is one of the central priorities of the 2012 Budget'. This raises important questions: What prompted this renewed drive towards infrastructure development? What role does local government play in this respect?
Author Derek PowellSource: Local Government Bulletin 14, pp 8 –9 (2012)More Less
The most common response to the draft national development plan, Vision for 2030, is probably: Good plan, but will it get implemented? The test is a straightforward one. Unless this plan can lead to actual improvements in the state, economy and society, it's not really a national development plan. And if it can't stick when sticking matters most, why have a special planning commission at all? Implementation all the way down is what counts. But that's where there are real hurdles, and some fallacies in circulation about what this plan can do.
Author Jaap De VisserSource: Local Government Bulletin 14, pp 12 –15 (2012)More Less
The legal framework for land use planning is changing rapidly, and provincial governments are addressing this by engaging in law reform. Their efforts take place in the aftermath of the 2009 Constitutional Court DFA judgment (City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal  ZACC 11), which condemned the Development Facilitation Act for encroaching on municipal authority, and in anticipation of national legislation due by June this year.
Author Nontando NgamlanaSource: Local Government Bulletin 14, pp 16 –18 (2012)More Less
The Constitution and other legislative and policy documents make it clear that traditional leadership and customary law have a place in the new South Africa. However, the exact role and form that this should take has not always been clear. The Department of Cooperative Governance and Traditional Affairs recently announced that it would be pursuing a traditional affairs institutional strategy to strengthen the institution of traditional leadership and to build 'partnerships with critical stakeholders for development and service delivery purposes'.
Author Phindile NtliziywanaSource: Local Government Bulletin 14, pp 19 –20 (2012)More Less
Parkhurst Village Association (aka Parkhurst Village Residents Association) v Capela & Others  JOL 25759 (GSJ)
For a considerable time, many municipalities, or their officials, have considered themselves bound by the provisions of the spatial development framework (SDF) or the regional spatial development framework (RSDF) or development strategies in the approval of land development applications.