Volume 18, Issue 2, June 2023
Constitutional Court confirms that municipal by-laws do not need national or provincial approval
The Constitution creates a jurisdictional, functional and institutional space that is reserved only for municipalities. When acting in this space, municipalities are not subservient to national or provincial governments as was the case before the Constitution came into effect.
Deepening democracy through municipal councillor oversight
As a result of the wide-spread and intense criticism directed at local government for failing to deliver on its constitutional mandate, a necessity arise for in-depth study to evaluate the role of municipal councillors in their duty to provide oversight in ensuring policy implementation and accountability. In light of this, the LGSETA commissioned Enterprises UP to conduct research regarding the extent to which municipal councillors succeed in their oversight role.
Municipal debt-crisis: Can Eskom reduce bulk electricity supply to defaulting municipalities?
This article discusses whether Eskom can decrease bulk electricity supply to defaulting municipalities in terms of a bulk supply agreement without informing the local citizens and businesses residing in a municipality’s jurisdiction. This issue was considered in Eskom Holdings SOC Ltd v. Vaal River Development Association (Pty) Ltd and Others, where the Constitutional Court (CC) confirmed that Eskom may reduce bulk electricity supply to municipalities, subject to it following a fair process, as prescribed in law.
Municipal enterprises in the energy sector: A case of Germany
This article explores how municipalities in Germany are dealing with the energy shortage since the outbreak of the war in Ukraine and outlines the legal framework of municipal economic activity. The war in Ukraine has disrupted supply chains across Europe and prompted sharp price increases, especially in the energy market. This has an impact on customers, the economy, and, most significantly, local governments.
The Procurement Bill will be introduced in Parliament: Is it constitutional?
The long-awaited Public Procurement Bill (Bill 2023) will be introduced in Parliament for debate in the second quarter of 2023, after being in the making since 2014. A key question is whether the 2023 Bill in its current form is constitutional. Specifically, does the establishment and the powers assigned to the Central Procurement Office in the Bill encroach on the autonomy of municipalities? This question is likely to be subject of the vetting for constitutional compliance, currently being undertaken by the Office of the Chief State Law Advisor.
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