Functions of local government in south africa pdf

Makana municipality, grahamstown, eastern cape province, republic of south africa. Pdf developmental local government in south africa. The role of political parties at the local government level. Preserving public health is the prime responsibility of a local government system. The local government matters listed in part b of schedule 4 and part b of schedule 5. Local government in south africa consists of municipalities of various types.

The countythe county is normally the largest territorial and political subdivision of a state. A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the constitution. The local government act 2001 extensively amended and updated by the local government reform act 2014 is the core legislative code supporting the structures, powers, functions and duties of local government in ireland. The local government elections held on 5 december 2000 were the first fully democratic local elections in south africa. This aspect of the process embodies undeniable opportunities and challenges at the time of writing, lara natalini was a research fellow at the africa institute of south africa. Handbook for municipal finance officers powers and functions section m 4 section 156 of the constitution states the following. In order to understand the function and structure of local government, it is important to define local government and understand the meaning of local government democracy and values. The national or a provincial government may not compromise or impede a municipalitys ability or right to exercise its powers or perform its functions. Local government administration university of limpopo.

In this respect, this essay will focus on the key features of the systems. The following key elements and principles underpin the. African constitution is the status of local government. The significance of local government will be addressed. Few constitutions deal with local government matters at all, but local government is central to the scheme of division of powers in the south african constitution. Salgas key role is the effective representation of local. South african local government association salga and. Pdf the politics of service delivery in south africa. Local government structures and functions department of. South africa s first democratic government inherited a fragmented, unaccountable and racially divided.

The constitution provides for three categories of municipality. The machinery of government structure and functions of. Municipal structures act, 1998, provides a definite and clearly defined role for the municipal demarcation board which not only justifies the boards role, but in fact obliges it, to concern itself with the division of functions and powers between district category c and local. They are focused on growing local economies and providing infrastructure and service. The role of political parties at the local government. In south africa, prior to 1994, regional economic development was not viewed as a responsibility of provinces or local government, and was rather dealt with through the national government, which. The national, provincial and local levels of government all have legislative and executive authority in their own spheres, and are defined in the constitution as distinctive, interdependent and interrelated. The post1994 democratic developmental south african state opted for a strong local government system which has been constitutionalised, in terms of chapter 7 of the constitution of the republic. Constitution of the republic of south africa, 1996 the constitution. In 1997, the south african local government association salga was recognised for the purposes of fulfilling this role. Local government is not only established as a separate sphere of government alongside the provinces and national government, but.

Local government system in south africa konradadenauerstiftung. South africa is the only case in africa where opposition parties happen to control some of the local governments. The governing system of a country is a crucial component in understanding the manner in which the political sphere functions. Municipal structures amendment act 1 of 2003 constitution of the republic of south africa amendment act 2 of 2003 crossboundary municipalities laws repeal and related matters act 23. The administrator of each province was appointed by the central government and presided over an executive committee representing the majority party in the council. Moreover, because of the allocation of powers and functions across the spheres of government, some of the most important services for the poor fall in the jurisdiction of local government, in particular water and sanitation, electricity. Local government arrangements in south africa government in south africa is arranged into three tiers. The evolution of south africa s intergovernmental fiscal system. The transformation of local government in south africa will be finalised on the 1th. Paper on local government and the municipal systems act contain provisions that enjoin local government to promote the fundamental rights to environment. Introduction the existence of local government has always been defended on the basis that it is a crucial aspect of the process of democratization and intensification of mass participation in the decisionmaking process. Local government laws amendment act 51 of 2002 local government. Structure and functions of the south african government. As local government is the sphere of government that is the closest to the people and provides services to communities, it is important to understand what this level of government is all about.

Local government, local governance and sustainable. The division of the local government into the tree categories of municipalities means that the local government in south africa is a mix of unitary and two tiered structures. The role of south african local government association in. Since our launch in january 20, corruption watch has received a high volume of reports uncovering corrupt activities at local government level. Local government is further subdivided into districts and municipalities, with the exception of metros, which unify both district and municipal functions. Bylawmaking powers and functions of local government in. The whole of south africa is divided into local municipalities. Roles and responsibilities of national and provincial government. Local government refers to the operations of municipal corporations, municipalities, district councils boards, panchayatunion councils and other bodies which are empowered to execute functions services related to the welfare of local residents. The institutional framework for government in south africa was established in 1996 when the country adopted it first democratic constitution. Introduction a sound revenue system for local governments is an essential precondition for the success of fiscal.

National government s role is to formulate policy, and develop norms and standards. The south african local government association salga is the official representative of local government. Each municipality has a council where decisions are made and municipal officials and staff who implement the work of the. By the nature of its developmental mandate local government is concerned with the problem of poverty. Bylawmaking powers and functions of local government in south africa prof. Definition and functions of local government study. Definition and functions of local government study lecture. Governance, only one third of south african municipalities are performing their functions at least adequately. Traditional leadership and its future role in local governance. The white paper on local government 9 march 1998 the white paper is dedicated to the memory of tshepiso mashinini 19661998, chairperson of the white paper working committee, and all the other women and men who contributed to the building of a democratic system of local government in south africa. The effects of political leadership on public administration. Local government was established in 1909 when the four former colonies became provinces. Local government municipal structures act 117 of 1998.

Local government municipal structures act 117 of 1998 080807. There are 278 municipalities in south africa, comprising eight metropolitan, 44 district and 226 local municipalities. Adm powers and functions in terms of section 156 of the constitution of the republic of south africa, 1996, a municipality has executive authority in respect of, and has the right to administer. Local government is enshrined within the constitution, which also outlines the various functions of and resource distributions between the spheres of government. There are currently in total 284 municipalities in south africa21. National government, provincial government and local government. Olg as a platform for local government to participate in national and provincial igr structures was given a role in these intergovernmental structures and forums. The provincial mec and department of local government are responsible for coordination, monitoring and support of municipalities in each province. The powers and functions of municipal governments 14. South africa is a constitutional democracy with a threetier system of government and an independent judiciary. Anel du plessis faculty of law, northwest university south africa anel. The largest metropolitan areas are governed by metropolitan municipalities, while the rest of the country 1 is divided into district municipalities, each of which consists of several local municipalities.

Local government functions and objectives makana municipality. The three branches of government legal assistance centre. However, different scholars have different perceptions on how the politics administration interface originated, that is why. Local government, local governance and sustainable development getting the parameters right introduction since 1994, south africa has experienced a steep learning curve with regard to institutional design in general, and local government in particular. Salga the south african local government association sit a state information t echnology agency sms senior management services. It also provides a guarantee that local elections will be held every five years. Local government is responsible for water and sanitation, electricity reticulation, refuse removal, storm water management and municipal transport and roads. Local government, local governance and sustainable development. This debate does not an earlier and shorter version of rlis paper appears in constitutiun and law lv. Municipal structures amendment act 1 of 2003 constitution tenth amendment act of 2003 crossboundary municipalities laws repeal and related matters act 23 of 2005 i small business tax amnesty and amendment of taxation laws act 9 of 2006 local government laws amendment act 19 of 2008. Intergovernmental relations and the local government. Sa government the institutional framework for government in south africa was established in 1996 with the adoption of the first democratic constitution dplg, 2007.

This essay will examine the federal and unitary system of government and relate it one to south africa. Local government is represented in the national council of the provinces and other important institutions like the financial and fiscal commission and the budget council. Spheres of sa government, responsibilities and delivery. District municipalities, category c, are for wider areas outside the cities, like counties in the us and uk. This function consists of activities like provision of recreation facilities in the shape of stadiums, grounds, parks, zoos, public libraries, museums, town planning, art galleries. Chapter 7 local government status of municipalities 151.

Handbook for municipal finance officers powers and functions. Municipalities local government and intergovernmental relations in section 401 the constitution laid the foundation for the existence of the three levels of government in south africa in section 411, 2, 3 and 4, the constitution highlighted the principles of cooperative government. This is whereby public servants where highly politicized to serve the interest of the erstwhile government. Lgcamg local government capital asset management guideline mfma municipal finance management act, no. The county form of government is found structure of local government. When the transition to democracy took place, south africa inherited a dysfunctional local govern.

Government in namibia also operates at three different levels, with each level having its own powers and duties. Municipal structures act, 1998, provides a definite and clearly defined role for the municipal demarcation board which not only justifies the boards role, but in fact obliges it, to concern itself with the division of functions and powers between district category c and local category b municipalities. In south africa, there are 278 municipalities that provide the link between services from government to citizens. Each was governed by a whiteelected provincial council with limited legislative powers. Handbook for municipal finance officers powers and. Local government revenue mobilisation in anglophone africa. Metropolitan councils may decentralise powers and functions. In south africa there have also been ongoing efforts by the authorities to increase the regulation of the industry but this has met with considerable resistance or reluctance from the private industry. Metropolitan municipalities defined as category a govern the major city regions. Makana municipality, grahamstown, eastern cape province. Intergovernmental relations and the local government fiscal framewore 29 the south african system of intergovernmental relations is complex and continues to evolve as better modes of cooperation and coordination emerge and as functions are shifted between the spheres. Clgf local government system in south africa, sine anno. South africa is part of the world and hence functions in an open system. This was the culmination of a negotiation process to end apartheid and introduce democracy to south africa.

Local government is also represented on the budget council where the minister of finance discusses the proposed budget with provincial and local government. South african local government association salga is a listed public entity, established in terms of section 21 of the companies act, 1973 act 61 of 1973, and recognised by the minister of cooperative governance and traditional affairs, in terms of the organised local government act, 1997 act 52 of 1997. Mar 25, 2002 local government in south africa administers cities and smaller regions. In south africa the post1994 era has seen many ri gorous structural changes being introduced as part of government s transformational drive to adapt and cope with the many dynamic contemporary challenges.