scholarly journals Municipal Courts and Environmental Justice in South African Local Government

2021 ◽  
Vol 24 ◽  
pp. 1-40
Author(s):  
Andrew Molaiwa
Keyword(s):  
South Africa ◽  
Environmental Management ◽  
Decision Making ◽  
Local Government ◽  
Service Delivery ◽  
Environmental Justice ◽  
Local Communities ◽  
Environmental Harm ◽  
Environmental Injustice ◽  
Municipal Service

Environmental injustice is part and parcel of the fundamentals of international and domestic environmental law. In South Africa, section 2(4)(c) of the National Environmental Management Act 107 of 1998 (NEMA) establishes environmental justice (EJ) as part of the environmental management principles to direct decision-making. This is particularly relevant because of the country’s legacy of continuing environmental injustices and inequalities, especially concerning natural-resource dependent services and benefits. The Constitution of the Republic of South Africa, 1996 further establishes a developmental local government (DLG) of which the objects are to ensure a safe and healthy environment, sustainable delivery of services, promotion of social and economic development as well as public participation in decision-making. These objects are complemented by section 24 environmental right in the Bill of Rights.  Municipal service delivery of water and sanitation, electricity, land matters and municipal health, should supplement, not compromise the state of local communities' environment and access should be equal. The absence of the latter may result in the form of environmental injustice as has been described by authors such as Bullard, McDonald and Schlosberg. In the event of service delivery-related environmental injustices, it is to be expected that communities must have remedial options available.  One of which may be accessible to the judicial system.   Therefore, this paper focuses on and explains the role that Municipal Courts specifically may play in fortifying the relationship between municipal service delivery and improved grass-root level environmental justice in South Africa. The underlying question is whether such courts can be agents of (environmental) change where local communities are exposed to environmental harm as a consequence of the failure of municipal services or the environmentally harmful actions of other community members or local industries. 

scholarly journals The "Brown" Environmental Agenda and the Constitutional Duties of Local Government in South Africa: A Conceptual Introduction (note)

2016 ◽  
Vol 18 (5) ◽  
pp. 1845
Author(s):  
AA Du Plessis
Keyword(s):  
South Africa ◽  
Sustainable Development ◽  
Local Government ◽  
Service Delivery ◽  
Urban Development ◽  
Environmental Health ◽  
Environmental Governance ◽  
Municipal Service ◽  
Ecologically Sustainable ◽  
Ecologically Sustainable Development

This note explores the interrelationship between ecologically sustainable development (the green environmental agenda) and pro-poor urban development and environmental health (the brown environmental agenda) in relation to local government in South Africa. The meaning and relevance of the brown agenda versus the green agenda in environmental governance are discussed in general. This discussion subsequently feeds into the argument that South Africa's constitutional environmental right also foresees the advancement of the brown environmental agenda, which has implications for the interpretation and enforcement of local government's service delivery mandate. This link between municipal service delivery and the environmental right further informs understanding of what is required of government to fulfill this right. This paper is thus devoted to an introductory conceptual framing of South Africa's environmental right that goes beyond the green agenda. This impacts on how the constitutional duties of municipalities are interpreted and executed.

Towards a Municipal Infrastructure and Finance Model for Local Government: a Case of uMgungundlovu District Municipality

Politeia ◽  
2018 ◽  
Vol 37 (1) ◽  
Author(s):  
Terrence Hlongwane ◽  
Thokozane Ian Nzimakwe
Keyword(s):  
South Africa ◽  
Local Government ◽  
Service Delivery ◽  
Business Models ◽  
Development Planning ◽  
Development Effort ◽  
Municipal Service ◽  
Service Delivery Models ◽  
Finance Model ◽  
Delivery Models

Local government institutions in South Africa have had to endure a perpetual bout of service delivery protests. Protests are a public manifestation of conflict; hence the terms 'conflict' and 'protest' are used interchangeably in this article. Local government is a key element in the reconstruction and development effort in South Africa. This article proposes an infrastructure and finance model for service delivery by evaluating service delivery at uMgungundlovu District Municipality as a case study. The objective of the article is to analyse elements that contribute to municipal distress, assess municipal service delivery mechanisms and evaluate the Local Government Turnaround Strategy. The complex process of service delivery is viewed to be of national importance and requires an immediate developmental solution through innovative service delivery models. An attitudinal survey determined the perceptions of local communities on levels of service delivery. Another survey was conducted on officials to ascertain the root causes and elements contributing to municipal distress. The findings here reveal that national government grants are not sufficient in addressing service delivery backlogs. Timely delivery of municipal infrastructure is constrained by limited municipal resources. Therefore, municipalities can form Municipal Service Partnerships (MSP) with the private sector. The article underlines the need for a holistic approach to development planning through service delivery models and well-structured planning and implementation strategies for municipalities to fulfil their mandates. Finally, the article recommends that municipal services must be sustainable and that municipal business models remain at the core of sustainable service delivery.

An Environmental Justice Analysis of British Air Quality

2003 ◽  
Vol 35 (5) ◽  
pp. 909-929 ◽  
Author(s):  
Gordon Mitchell ◽  
Danny Dorling
Keyword(s):  
Air Pollution ◽  
Air Quality ◽  
Environmental Justice ◽  
The Elderly ◽  
Local Communities ◽  
Car Ownership ◽  
National Study ◽  
Environmental Injustice ◽  
The Usa ◽  
History Of

This paper presents the results of the first national study of air quality in Britain to consider the implications of its distribution across over ten thousand local communities in terms of potential environmental injustice. We consider the recent history of the environmental justice debate in Britain, Europe, and the USA and, in the light of this, estimate how one aspect of air pollution, nitrogen dioxide (NO2) levels, affects different population groups differentially across Britain. We also estimate the extent to which people living in each community in Britain contribute towards this pollution, with the aid of information on the characteristics of the vehicles they own. We find that, although community NO x emission and ambient NO2 concentration are strongly related, the communities that have access to fewest cars tend to suffer from the highest levels of air pollution, whereas those in which car ownership is greatest enjoy the cleanest air. Pollution is most concentrated in areas where young children and their parents are more likely to live and least concentrated in areas to which the elderly tend to migrate. Those communities that are most polluted and which also emit the least pollution tend to be amongst the poorest in Britain. There is therefore evidence of environmental injustice in the distribution and production of poor air quality in Britain. However, the spatial distribution of those who produce and receive most of that pollution have to be considered simultaneously to see this injustice clearly.

Local Government as a Democracy Actor or a Service Delivery Actor

2014 ◽  
pp. 127-147 ◽  
Author(s):  
Peter Demediuk ◽  
Stephen Burgess ◽  
Rolf Solli
Keyword(s):  
Decision Making ◽  
Local Government ◽  
Service Delivery ◽  
Local Governments ◽  
Local Governance ◽  
Governance Practice

Local governance occurs where a local government gives citizens a say in things that really matter to them, and e-governance initiatives provide electronic means to enable citizens to participate in this shared governing of the community. The clearer a local government is about the nature and degree to which it needs to act as a democracy actor (better citizens and better government) and/or a service delivery actor (better decision making), the greater the prospect that it can choose appropriate electronic means through an e-governance approach to meet those ends. In order to guide an e-governance practice and inform further research, this chapter: provides models that articulate the elements that constitute better decision making, better citizens, and better government, and presents examples from five local governments of how electronic means can satisfy particular ends.

Political-Administrative Interface at the Local Sphere of Government with Particular Reference to South Africa

2017 ◽  
pp. 242-255
Author(s):  
Purshottama Sivanarain Reddy
Keyword(s):  
South Africa ◽  
Local Government ◽  
Service Delivery ◽  
Local Governance ◽  
National Development ◽  
Critical Issue ◽  
The Political ◽  
Political Transformation ◽  
Large Numbers ◽  
Government Legislation

The ongoing political-administrative dichotomy discourse, which is steeped in public administration history, manifests in uncertainty about how the relationship between politicians and administrative officials should be structured. South Africa was democratized in 1994 and local government has subsequently undergone a fundamental socio-political transformation. “World class” local government legislation, with an entrenched constitutional development mandate, was introduced; however, the large numbers of public protests bear ample testimony to major challenges in basic service delivery. A critical issue impacting negatively on the functionality of the post-1994 local government dispensation is the political-administrative interface. The National Development Plan has mapped out a socio-economic vision to 2030, with stabilization of the political-administrative interface a priority. Consequently, the political-administrative interface has to be critically reviewed relative to the quality of local democracy, impact on efficient and effective service delivery, and good local governance.

scholarly journals Exploring Challenges of Municipal Service Delivery in South Africa (1994 - 2013)

2014 ◽  
Vol 2 (1) ◽  
pp. 90 ◽  
Author(s):  
Modimowabarwa Kanyane
Keyword(s):  
South Africa ◽  
Service Delivery ◽  
Political Process ◽  
Monitoring And Evaluation ◽  
Direct Consequence ◽  
Municipal Service ◽  
Community Needs ◽  
Qualitative Research Design ◽  
Critical Issues ◽  
Local Municipality

This article aims to explore municipal service delivery challenges in South Africa between 1994 and 2013 in order to stimulate debate in addressing problems and challenges confronting municipalities. A fundamental question to be asked stems from the challenges of municipal service delivery. Why, in spite of the existence of regulatory and institutional frameworks, are municipalities still struggling to satisfy basic community needs such as water and electricity amongst others? All of government’s official documents and contemporary literature reviewed, including the summative record of historical facts and narrative data, are evidence of the qualitative research design employed in this study. It is clearly articulated in this article that the existence of a local municipality with poor service delivery is, amongst others, a direct consequence or manifestation of municipal capacity constraints, financial viability problems, service delivery protests, convoluted political process, corruption and poor planning as well as monitoring and evaluation challenges. In the main, the article accounts for why service delivery has failed to meet the expectations of the communities and thereby provide some possible propositions for consideration to attempt to bring a resolve to critical issues raised.

Leading from behind: democratic consolidation and the chieftaincy in South Africa

2004 ◽  
Vol 42 (1) ◽  
pp. 113-136 ◽  
Author(s):  
J. Michael Williams
Keyword(s):  
South Africa ◽  
Local Government ◽  
Local Level ◽  
Democratic Consolidation ◽  
Local Communities ◽  
Social Environments ◽  
The Social ◽  
Transformative Process ◽  
Official Recognition ◽  
Societal Relations

Despite the dramatic changes that have occurred in South Africa over the last fifteen years, the chieftaincy remains an important political institution that continues to exercise authority. It has not only been given official recognition and protection in the constitution, but has attempted to become more involved in activities such as development, local government, and elections. How this institution might affect the process of democratic consolidation, however, has failed to generate much research. This article explores the ways in which the chieftaincy has responded to the introduction of democratic electoral practices at the local level. While the chieftaincy has not been immune from the social and political changes that have swept through the country since the transition, it has nonetheless sought to direct, or redirect, these changes in ways that bolster its own authority. Many local communities expect the chieftaincy not only to assist with the formal electoral process, but also to allow for more participation within local level chieftaincy institutions. A close examination of chieftaincy–societal relations demonstrates that while the chieftaincy has been affected by new democratic rules and practices, it has also influenced how local communities practice and understand these same rules and practices. This mutually transformative process illustrates the complexity of democratic consolidation, as well as the ability of the chieftaincy to adapt to changing political and social environments without sacrificing its unique claims to authority.

scholarly journals An Exploratory Assessment of Significant Tourism Sustainability Indicators for a Montane-Based Route in the Drakensberg Mountains

2017 ◽  
Author(s):  
Sarudzai Mutana ◽  
Geoffrey Mukwada
Keyword(s):  
South Africa ◽  
Local Government ◽  
Local Community ◽  
Sustainable Tourism ◽  
Local Communities ◽  
Sustainability Indicators ◽  
Government Officials ◽  
Community Members ◽  
Free State Province ◽  
Local Government Officials

This paper assesses the use the Global Sustainable Tourism Criteria (GSTC) indicators for monitoring tourism along a mountainous route. The study was carried out along a mountain route in the Drakensberg Mountains of South Africa. A survey was carried out among tourism businesses, local communities and local government officials located along the Maluti Route, which passes though the eastern part of the Free State Province of South Africa. This study constitutes the first assessment in which the GSTC indicators are applied in the assessment of the sustainability of route tourism in South Africa. The study first evaluated the importance of each indicator by considering the level of application in tourism business organisations before examining the perceptions of local community members and local government officials regarding the applicability of the indicators in the assessment of tourism sustainability. The results suggest that there is a general appreciation of tourism sustainability among tourism business operators although shortcomings were evident on environmental and socio-economic indicators. In conclusion, the paper suggests ways through which tourism sustainability could be enhanced among different players along the Maluti Route.

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