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    PBL200 Notes (Chapter 14) (1063)

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    Kariza Pretorius
    Local government is the lowest branch of government in South Africa. Municipalities exercise legislative and executive authority within their jurisdictions. The Constitution provides for the status, objects, developmental duties, and powers of municipalities. Municipalities have directly elected councils for terms not exceeding 5 years. Municipal councils must be democratically elected through a hybrid electoral system involving ward representatives and proportional representation.

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    PBL200 Notes (Chapter 14) (1063)

    Uploaded by

    Kariza Pretorius
    23 views4 pages
    Local government is the lowest branch of government in South Africa. Municipalities exercise legislative and executive authority within their jurisdictions. The Constitution provides for the status, objects, developmental duties, and powers of municipalities. Municipalities have directly elected councils for terms not exceeding 5 years. Municipal councils must be democratically elected through a hybrid electoral system involving ward representatives and proportional representation.

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    PBL200 Notes (Chapter 14)[1063]

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    Local government is the lowest branch of government in South Africa. Municipalities exercise legislative and executive authority within their jurisdictions. The Constitution provides for the status, objects, developmental duties, and powers of municipalities. Municipalities have directly elected councils for terms not exceeding 5 years. Municipal councils must be democratically elected through a hybrid electoral system involving ward representatives and proportional representation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    23 views4 pages

    PBL200 Notes (Chapter 14) (1063)

    Uploaded by

    Kariza Pretorius
    Local government is the lowest branch of government in South Africa. Municipalities exercise legislative and executive authority within their jurisdictions. The Constitution provides for the status, objects, developmental duties, and powers of municipalities. Municipalities have directly elected councils for terms not exceeding 5 years. Municipal councils must be democratically elected through a hybrid electoral system involving ward representatives and proportional representation.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 4

    PBL: CHAPTER 14 – LOCAL GOV

    • Local gov is the third sphere (lowest branch) of gov


    • A municipality is an organ of state within the local sphere of gov which exercises both legislative and
    executive authority within a specific area of jurisdiction
    • *S151 of consti provides for status of municipal council -> local gov can only be abolished if consti is
    amended, and national and provincial govs cannot act in an arbitrary way when exercising their
    legislative powers in relation to local gov
    • *Legi & exec authority is vested in municipal councils at the local sphere of gov
    • Each area of state will thus fall within the jurisdiction of a particular local authority
    • Municipal by-laws are subject to national and provincial legi

    • *S152 of consti provides for the objects of the local gov

    • *S153 of consti provides for the developmental duties of municipalities

    • *Municipalities are not the all the same ito size, responsibilities, and powers -> thus the consti envisages
    different categories of municipalities in S155 of the consti (there are 3 types of municipalities)

    22
    Intellectual property of CAITLIN LEAHY © - do not illegally distribute
    • *S156 of consti provides for P+F of municipalities
    • *S156(2) of the consti provides the matters on which a municipality may make and administer by-laws ->
    (S156(1)(a)-(b) matters)
    • *By-laws that conflict w nat+prov legi is invalid
    • The Structures Act and the Systems Act also regulate the P+F in more detail
    • Municipal P+F are divided into both legi & exec P+F
    • Municipal by-laws are no longer regarded as subordinate legi, but as original legi

    • all municipalities have directly elected councils, which must be democratically elected for a term not
    exceeding 5 years
    • *S159 of the consti provides for the term of a municipal council

    • *S157 of the consti provides for the composition and election of municipal councils
    • The overall electoral system prescribed by the consti should result in proportional representation
    • The electoral system employed in local gov elections is called a ‘hybrid’ system -> this is bc it involves
    ward components and proportional representation componenets

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    • S158 of the consti provides for membership of municipal councils
    • *Who can qualify to be elected as a municipal councilor -> only citizens who are qualified to vote can be
    members of a municipal council

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    • S160 of the consti provides for the internal procedures of the local gov
    • *S160(2) of the consti -> various functions that a municipal council may not delegate
    • *S160(7) of consti -> nature of municipal council meetings

    • *S162 of the consti deals with the publication of municipal by-laws

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