Principles of South African Local Government Law
Principles of South African Local Government Law is a comprehensive resource on local government law in South Africa.
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Product description
Principles of South African Local Government Law is a comprehensive resource on local government law in South Africa.
The publication carefully explains the legal dispensation for local governments and addresses key issues in local government administration. These issues include the status, objects, challenges and developmental duties of local authorities, the legal nature and general rights and duties of local government institutions, co-operative governance and the powers and functions of local authorities.
Table of contents
Introduction
Introduction
Research questions and research methodology
Founding principles of the new South African constitutional order
Key normative principles underpinning the new local government legal dispensation
Conclusion
A brief introduction to local government in South Africa
The origins of urban development and the early establishment of local authorities
Introduction
The general development from farmland into urban settlements
The origin, creation and importance of local authorities
Conclusion
A brief history of local government in South Africa
Introduction
Financial constraints of former local government institutions
Mobilisation against the former local government system
Conclusion
The process of transformation and restructuring of local government
Introduction
The restructuring of local government under the Local Government Transition Act
The role and impact of the interim Constitution on the transition process
The importance of the 34 constitutional principles included in the interim Constitution and the certification process of the final Constitution
The impact of the final Constitution and the commencement of the new local government legal dispensation
Conclusion
The current state of local government and the general impact of the Constitution of 1996
Introduction
Current financial constraints in local government
New administrative challenges
Legislative complexity of the new system
Global and national trends
The influence of settlement patterns and trends
General impact of the Constitution
Conclusion
The status, objects, challenges and developmental duties of local authorities
Introduction
The characteristics of local governments
The importance of being a sphere of government
The status of municipalities
The objects of local government
The new challenges and developmental duties facing municipalities
Developmental duties of municipalities
Conclusion
The legal nature and general rights and duties of local government institutions
Introduction
The specific character of local government
The legal nature of a municipality
Conclusion
Local government within a system of co-operative governance
Introduction
Local government and intergovernmental relations
The constitutional foundation of co-operative government
The impact of co-operative government on local government structures
The recognition and protection of the obligations to support, strengthen, consult and promote local government matters
National legislative protection of the principles of co-operative government
Exploring the roles and responsibilities of national and provincial governments towards municipalities in a system of co-operative governance
National support and assistance to local government through national policies and programmes
Some comments on co-operative government in practice
Conclusion
The new institutional models in local government and the formal establishment of municipalities
Introduction
Important requirements regarding the functioning and roles of local governments
Categories of municipal government
Systems and types of municipal government
Combining the different systems of municipal government to form municipal types
Application of municipal types to individual municipalities
Establishing new municipalities - procedures and requirements
Conclusion
Demarcation of new local government boundaries
Introduction
The importance of local government boundaries
Re-determination of the municipal boundaries of the transitional period
The municipal demarcation board
Requirements regarding municipal demarcation
General administrative and other matters regarding the Demarcation Board
Conclusion
The composition, election and term of municipal councils
Introduction
The composition and election of municipal councils during the local government transitional phases
The composition and election of municipal councils under the final Constitution
Membership of municipal councils and the qualifications of councillors
The terms of municipal councils and councillors
Municipal by-elections
General legislative provisions relevant to the local government electoral process and procedures
Conclusion
The role and importance of the institution of traditional leadership in local government affairs
Introduction
A brief historical overview of traditional leadership in South Africa
Important considerations relating to traditional leadership from a South African perspective
The new legislative framework and requirements regarding traditional leadership
Conclusion
The powers and functions of municipal governments
Introduction
The constitutional basis of municipal powers and functions
National legislation to enhance the constitutional foundation of the powers and functions of municipal councils
Executive and legislative functioning
Legislative procedures and requirements
Municipal financial powers
Municipal powers and functions regarding municipal law enforcement
Conclusion
Political structures and internal procedures of municipal councils
Introduction
The basic constitutional framework regarding the internal procedures of municipal councils
The privileges and immunities of municipal councils and their members
Internal municipal functionaries and procedures
Code of conduct for councillors
The procedures regarding the election of municipal office-bearers
Conclusion
Municipal services and service delivery and the basic functional activities of municipal governments
Introduction
The new vision of local government service delivery
The new legislative requirements regarding municipal services and service provision
An overview of services that are generally provided by local governments
Conclusion
Municipal personnel, labour relations and staffing matters
Introduction
The broad organisational structure and overall personnel administration of local governments
New legislative provisions regarding municipal staff matters
Conclusion
Aspects relating to municipal finance and municipal fiscal management
Introduction
The new legislative framework for municipal financial management
Legislative control mechanisms over municipal finance matters
General comments on the principles relating to municipal fiscal management
Important revenue sources of local governments
Conclusion
The principles of municipal public administration and therequirements of performance management, capacity building, accountability and public participation
Introduction
Basic aspects concerning municipal public relations
The constitutional requirements affecting municipal public administration
Principles of municipal accountability and public participation
Aspects concerning municipal performance management and capacity building
Aspects regarding municipal capacity building
Conclusion
Municipal development planning
Introduction
National principles concerning local government developmental planning
Conclusion
Basic legal matters relevant to local government structures
Introduction
Sources of local government law
Important fields of law relevant to local government law
Special legal matters pertaining to local government
Conclusion
Concluding remarks