- Title
- The enforceability of by-laws of district municipalities on local municipalities with specific reference to solid waste disposal
- Creator
- De Villiers, Nico Francois
- Subject
- South Africa -- Local Government: Municipal Systems Act, 2000
- Subject
- Local government -- Law and legislation -- South Africa Refuse and refuse disposal -- Law and legislation -- South Africa Refuse and refuse disposal
- Date Issued
- 2019
- Date
- 2019
- Type
- Thesis
- Type
- Masters
- Type
- LLM
- Identifier
- http://hdl.handle.net/10948/42118
- Identifier
- vital:36627
- Description
- A consequence of the regionalisation of waste disposal services is that waste management services are no longer the primary responsibility of local municipalities but shared between local and district municipalities. The process of regionalising solid waste disposal and the regulation thereof presents unchartered territory in South Africa and raises several questions including whether, in regulating regional waste disposal services, a district municipality may do so through adopting by-laws and if so, whether these by-laws are enforceable on the local municipalities who benefit from the waste disposal service. The study confirmed the importance of cooperative governance and public participation in all decision making processes including the enactment of legislation. The absence of constitutional and legislative guidance on implementation processes for regionalisation and the overlapping nature of the functions and powers of the effected local and district municipalities are identified as challenges to the regionalisation process. The study concluded that district municipal by-laws may regulate the regional waste disposal function. These adopted by-laws, although not without boundaries, will be enforceable on local municipalities provided that the principles of cooperative governance and public participation were adhered to.
- Format
- 196 leaves
- Format
- Publisher
- Nelson Mandela University
- Publisher
- Faculty of Law
- Language
- English
- Rights
- Nelson Mandela University
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NMU Department of Public Law
| Thumbnail | File | Description | Size | Format | |||
|---|---|---|---|---|---|---|---|
| View Details Download | SOURCE1 | FINAL DOCUMENT 08102019.pdf | 1 MB | Adobe Acrobat PDF | View Details Download |