scholarly journals Municipal Instruments in Law for Cultural Heritage Protection: A Case Study of the City of Cape Town Metropolitan Municipality

2021 ◽  
Vol 24 ◽  
pp. 1-34
Author(s):  
Rochine Melandri Steenkamp
Keyword(s):  
South Africa ◽  
Resource Management ◽  
Local Government ◽  
Cultural Heritage ◽  
Cape Town ◽  
Policy Documents ◽  
Government Functions ◽  
The Republic ◽  
The City

This article questions the extent to which municipal bylaws aimed at cultural heritage resource management (CHRM) reflect the objectives of the Constitution of the Republic of South Africa, 1996 (the Constitution), national legislation and the discourse on cultural governance more broadly. In terms of Schedule 4A of the Constitution, the function of "cultural matters" is not an original power of local government.  It is a function assigned to the national and provincial spheres. Municipalities are assumed, however, to have a responsibility to execute aspects of this function that may be incidental to other typical local government functions. This view finds support in the interpretation of various rights in the Constitution (e.g. sections 15, 30, 31 and 24) as well as the heritage, environmental and local government framework legislation and policy documents of South Africa. The premise of this article is that cultural heritage resource management by way of instruments such as bylaws promotes the overarching objectives of local government, such as sustainable development, while also promoting the rights to culture, language and religion, amongst others. To expand on its theoretical basis, this article provides a critical assessment of the bylaws of the City of Cape Town Metropolitan Municipality

scholarly journals Local service delivery enhancement – attitudes: a case study of the Nelson Mandela Bay Municipality

2010 ◽  
Vol 6 (1) ◽  
Author(s):  
Israel Tsatsire ◽  
John Derek Taylor ◽  
Kishore Raga
Keyword(s):  
South Africa ◽  
Local Government ◽  
Service Delivery ◽  
Institutional Capacity ◽  
Local Service ◽  
Empirical Survey ◽  
Nelson Mandela ◽  
Basic Services ◽  
The Republic

In this article, the new developmental mandate as s igned to local government is reviewed using the Nelson Mandela Bay Municipality (hereafter referred to as the NMBM) as a case study. The concept of developmental local government is of cardinal importance as it imposes additional specific obligations on municipal councils. In addition, the Constitution of the Republic of South Africa, 1996 (hereafter referred to as the Constitution) requires local government to render quality, affordable and sustainable basic services. Therefore, councillors are now required to meet specific Constitutional and other developmental legislative prescriptions pertaining to their communities and areas of jurisdiction.An empirical survey was conducted at the NMBM to test selected senior officials and councillors’ attitudinal responses to service delivery and the new developmental mandate as s igned to local government. The survey intended to es tabl ish whether there was institutional capacity to enhance basic service delivery. These findings are elaborated upon in this article.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

Analysis of geodetic and legal documentation in the process of expropriation for roads. Krakow case study

2013 ◽  
Vol 62 (1) ◽  
pp. 67-84
Author(s):  
Anna Trembecka
Keyword(s):  
Local Government ◽  
Legal Status ◽  
The State ◽  
Property Value ◽  
Real Property ◽  
Construction Design ◽  
Special Rules ◽  
The City

Abstract Amendment to the Act on special rules of preparation and implementation of investment in public roads resulted in an accelerated mode of acquisition of land for the development of roads. The decision to authorize the execution of road investment issued on its basis has several effects, i.e. determines the location of a road, approves surveying division, approves construction design and also results in acquisition of a real property by virtue of law by the State Treasury or local government unit, among others. The conducted study revealed that over 3 years, in this mode, the city of Krakow has acquired 31 hectares of land intended for the implementation of road investments. Compensation is determined in separate proceedings based on an appraisal study estimating property value, often at a distant time after the loss of land by the owner. One reason for the lengthy compensation proceedings is challenging the proposed amount of compensation, unregulated legal status of the property as well as imprecise legislation. It is important to properly develop geodetic and legal documentation which accompanies the application for issuance of the decision and is also used in compensation proceedings.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

scholarly journals Replicating Elite Dominance in Intangible Cultural Heritage Safeguarding: The Role of Local Government–Scholar Networks in China

2016 ◽  
Vol 23 (1) ◽  
pp. 71-97 ◽  
Author(s):  
Christina Maags ◽  
Heike Holbig
Keyword(s):  
Local Government ◽  
Cultural Heritage ◽  
Focal Point ◽  
National Level ◽  
Comparative Case Study ◽  
Intangible Cultural Heritage ◽  
Republic Of China ◽  
Heritage Discourse

Abstract:Since “intangible cultural heritage” (ICH) became the new focal point in the global heritage discourse, governments and scholars in many countries have begun to promote this new form of “immaterial” culture. The People’s Republic of China has been one of the most active state parties implementing the new scheme and adapting it to domestic discourses and practices. Policies formulated at the national level have become increasingly malleable to the interests of local government-scholar networks. By conducting a comparative case study of two provinces, this article aims to identify the role of local elite networks in the domestic implementation of the 2003 Convention for the Safeguarding of Intangible Cultural Heritage, focusing on the incentives of scholars and officials to participate in ICH policy networks. It finds that the implementation of the Convention has not removed the power asymmetry between elite and popular actors but, instead, has fostered an elite-driven policy approach shaped by symbiotic, mutually legitimizing government–scholar networks.

scholarly journals Patterns of blunt force homicide in the West Metropole of the City of Cape Town, South Africa

2017 ◽  
Vol 113 (5/6) ◽  
Author(s):  
Courtnee Clark ◽  
Calvin G. Mole ◽  
Marise Heyns ◽  
◽  
◽  
...  
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Future Research ◽  
The West ◽  
Blunt Force ◽  
Blunt Force Trauma ◽  
Lack Of Information ◽  
Salt River ◽  
The City ◽  
Ballistic Trauma

There is currently a lack of information regarding the prevalence of and characteristics associated with blunt force trauma related homicides in South Africa. Information relating to the patterns of blunt force trauma could assist in the development and implementation of interventions targeted at specific areas or individuals as well as direct future research towards areas in need of investigation. This study is a 5-year retrospective review of autopsy reports obtained from Salt River Mortuary (Cape Town, South Africa). The prevalence of blunt force trauma was considered for unnatural deaths with a focus on homicide. The patterns of homicidal blunt force trauma are also presented. A total of 15 519 autopsy cases was analysed. In 1198 (7.72%) of these cases, the cause of death was found to be blunt force trauma and 828 (5.32%) of these cases were classified as homicides. Approximately 11% of blunt force homicide cases occurred in combination with sharp and/or ballistic trauma. Men from poor socio-economic areas were shown to be most at risk of blunt force homicide in the City of Cape Town.

scholarly journals Perspectives of wild medicine harvesters from Cape Town, South Africa

2017 ◽  
Vol 113 (9/10) ◽  
Author(s):  
Leif Petersen ◽  
Andrew M. Reid ◽  
Eugene J. Moll ◽  
Marc T. Hockings
Keyword(s):  
South Africa ◽  
National Park ◽  
Cape Town ◽  
Traditional Healers ◽  
Cape Floristic Region ◽  
Cultural Groups ◽  
Conservation Areas ◽  
Economic Survival ◽  
Wild Resources ◽  
The City

Cape Town is a fast-growing cityscape in the Cape Floristic Region in South Africa with 24 formally protected conservation areas including the World Heritage Table Mountain National Park. These sites have been protected and managed as critical sites for local biodiversity, representing potentially one-third of all Cape Floristic Region flora species and 18% of South Africa’s plant diversity. Cape Town is also inhabited by a rapidly growing culturally and economically diverse citizenry with distinct and potentially conflicting perspectives on access to, and management of, local natural resources. In a qualitative study of 58 locally resident traditional healers of distinct cultural groups, we examined motivations underlying the generally illicit activity of harvesting of wild resources from Cape Town protected areas. Resource harvester motivations primarily link to local economic survival, health care and cultural links to particular resources and practices, ‘access for all’ outlooks, and wholesale profit-seeking perspectives. We describe these motivations, contrast them with the current formal, legal and institutional perspectives for biodiversity protection in the city, and propose managerial interventions that may improve sustainability of ongoing harvest activities.

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