Boekbesprekings: Anél du Plessis (ed): Environmental Law and Local Government in South Africa

2022 ◽  
Vol 2022 (1) ◽  
pp. 206-208
Author(s):  
Jenny Hall

None

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa

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.


2018 ◽  
Vol 2 ◽  
pp. S17 ◽  
Author(s):  
Richard Meissner ◽  
Nikki Funke ◽  
Karen Nortje ◽  
Inga Jacobs-Mata ◽  
Elliot Moyo ◽  
...  

Politeia ◽  
2019 ◽  
Vol 38 (2) ◽  
Author(s):  
Kgothatso B. Shai

South Africa’s local government administration is complex in that both traditional leadership and elected municipal councils play a role in it. Traditional leadership occupies an essential position and status in local government administration, in particular in rural South Africa. However, the contemporary administrative jurisdiction of municipalities cuts across both rural and urban areas. In the rural areas, the conflict over the division of roles between traditional leaders and elected councillors is evident. Due to the influence and dominance of the neo-liberal global order, modernists often accuse traditional leadership of being undemocratic and authoritarian. However, the reality is that elected councils’ administration also leaves much to be desired, and the consequences of their poor administration are not uniformly understood. Since South Africa is a democratic state, it is expected that there should be a clear separation in government institutions between party (i.e., the ruling African National Congress) politics and public administration; a phenomenon that some describe as depoliticisation. Nevertheless, the realities on the ground suggest otherwise. This article, which is based on the theory of Afrocentricity, examines a selected rural municipality (Maruleng) in South Africa’s Limpopo province to critically reflect on the ethics and the value system of African culture in the context of local governance vis-à-vis Westernised governance principles. The aim of this research is achieved through interdisciplinary critical discourse and thematic analysis in its broadest form.


Author(s):  
Purshottama Sivanarain Reddy

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.


Sign in / Sign up

Export Citation Format

Share Document