Commonwealth Local Government Forum

Southern Africa \ Local government in small states

SSmall states are defined as countries with less than 1.5 million inhabitants (including small island states and small island developing states - SIDS). Small states make up more than half of the 53 Commonwealth member countries. They face a particular set of challenges including governance, managing vulnerability and remoteness, dealing with limited economic opportunities, and dealing with the impact of climate change

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Bridging the Gap between Theory and Practice: Reviewing the functions and powers of local government in South Africa

 

The chairperson of the parliamentary Portfolio Committee on local government recently described local government in South Africa as “a chicken whose legs have been tied for too long”. In other words, even when the fetters that bind the chicken’s legs are loosed, it remains at a loss for what to do with its newfound freedom (Tsenoli 2007). This descriptive analogy ostensibly refers to the failure of local government to harness its newfound power in post-apartheid South Africa and to claim its rightful position as the driver of development at the local level, and instigator of bottom-up growth and progress, which is meant to shape and transform society in the new South Africa.

Author: Annette Christmas, Jaap de Visser Publisher: university of Technology, Sydney Publication year: january 2009


Role of courts in interpreting local government's environmental powers in South Africa

Local government in post-apartheid South Africa has undergone fundamental transformation. This is evident from its extensive governing powers and functions and its expanded developmental mandate. At the forefront of sustainable development, municipalities have legislative and executive powers to administer the matters listed in Schedules 4B and 5B of the Constitution of the Republic of South Africa, 1996. Moreover, matters listed in Schedules 4A and 5A of the Constitution can be assigned to municipalities by national and provincial governments. Like other spheres of government, municipalities are obliged to contribute towards realising s 24 of the Constitution – guaranteeing environmental rights. However, the exact contours of their powers in promoting the objectives of s 24 of the Constitution are ill-defined and subject to ongoing definition by way of legislation, policies and case-law. This article argues that environmental litigation presents courts an opportunity to further redefine the powers of municipalities in fostering constitutional environmental objectives in South Africa. Drawing from Le Sueur and Another v eThekwini Municipality and Others [2013] ZAKZPHC 6 (30 January 2013), this article demonstrates how courts can play an important role in clarifying the environmental powers and functions of municipalities in South Africa. This article is based on a review of legal and extra-legal sources.

Author: Oliver Fuo Publisher: University of Technology Sydney Press Publication year: 2015


The local government system in Botswana

This profile of the local government system in Botswana is structured to enable easy comparison across the countries of the Commonwealth. The profile includes an overview of the government system, the legal basis for and structure of local government, elections and women’s representation, intergovernmental relations, systems for community involvement, organised local government, intergovernmental relations, monitoring systems, finance, staffing and resources, and distribution of service delivery responsibility. 

Author: CLGF Publisher: Publications UK Publication year: 2015


Local government system in Lesotho

This profile of the local government system in Lesotho is structured to enable easy comparison across the countries of the Commonwealth. The profile includes an overview of the government system, the legal basis for and structure of local government, elections and women’s representation, intergovernmental relations, systems for community involvement, organised local government, intergovernmental relations, monitoring systems, finance, staffing and resources, and distribution of service delivery responsibility. 

Author: CLGF Publisher: Publications UK Publication year: 2015


Resource guide on decentralisation and local government

This resource guide provides practical guidance for designing, implementing and evaluating decentralisation reforms and local government practices to ensure they are as effective as possible. It also synthesises and presents current debates on the impact of decentralisation and local government on poverty reduction, service delivery and conflict as well as providing links to cutting-edge research and recent case studies.

Author: Zoe Scott and Munawwar Alam Publisher: Commonwealth Secretariat Publication year: 2011


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