Application of section 139 of the constitution of the Republic of South Africa, 1996
- Authors: Moleli, Thanduxolo
- Date: 2014
- Subjects: Municipal government -- South Africa , Local government -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/8397 , vital:26353
- Description: This research investigated the application of section 139 of the Constitution of Republic of Republic of South Africa, 1996. Koukamma, Sundays River Valley and Mnquma Local Municipalities are the case studies for this research as provincial interventions to these municipalities will be analysed. The study was conducted within the legal and legislative framework of local government which clearly defines how municipalities should be governed. Furthermore, it explains the procedural and substantive requirements for intervention should a municipality fail to deliver on its constitutional mandate as stipulated in Section 152 of the Constitution. A descriptive approach was used in the study, with data collection coming from primary and secondary sources such as textbooks, minutes of meetings of the Eastern Cape Department of Local Government and Traditional Affairs, National Council of Provinces and reports by administrators appointed by Member of the Executive Council (MEC) responsible for local government in the respective province. Several recommendations were provided in the final chapter. Should these be implemented properly, it could result in effective local government, and thereby reduce or eliminate the need for the application of section 139 of the Constitution.
- Full Text:
- Date Issued: 2014
- Authors: Moleli, Thanduxolo
- Date: 2014
- Subjects: Municipal government -- South Africa , Local government -- South Africa
- Language: English
- Type: Thesis , Masters , MA
- Identifier: http://hdl.handle.net/10948/8397 , vital:26353
- Description: This research investigated the application of section 139 of the Constitution of Republic of Republic of South Africa, 1996. Koukamma, Sundays River Valley and Mnquma Local Municipalities are the case studies for this research as provincial interventions to these municipalities will be analysed. The study was conducted within the legal and legislative framework of local government which clearly defines how municipalities should be governed. Furthermore, it explains the procedural and substantive requirements for intervention should a municipality fail to deliver on its constitutional mandate as stipulated in Section 152 of the Constitution. A descriptive approach was used in the study, with data collection coming from primary and secondary sources such as textbooks, minutes of meetings of the Eastern Cape Department of Local Government and Traditional Affairs, National Council of Provinces and reports by administrators appointed by Member of the Executive Council (MEC) responsible for local government in the respective province. Several recommendations were provided in the final chapter. Should these be implemented properly, it could result in effective local government, and thereby reduce or eliminate the need for the application of section 139 of the Constitution.
- Full Text:
- Date Issued: 2014
Land redistribution and state decentralisation in South Africa
- Authors: Jaricha, Desmond Tichaona
- Date: 2014
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Agriculture -- Economic aspects -- South Africa , Decentralization in government -- South Africa , Local government -- South Africa , South Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3374 , http://hdl.handle.net/10962/d1013120
- Description: South Africa is a new democracy that has had to deal with many historical remnants of apartheid. One of the main remnants has been land dispossession and massive inequalities along racial lines of access to land for agricultural purposes. In countering this, the post-apartheid state has pursued land redistribution programmes since the end of apartheid in 1994, as part of a broader land reform project. Simultaneously, post-apartheid South Africa has been marked by significant state restructuring notably a process of state de-centralisation including the positioning of municipalities as development agents. Amongst other goals, this is designed to democratise the state given the authoritarian and exclusive character of the apartheid state, and thereby to democratise development initiatives and programmes. Land redistribution and state decentralisation in South Africa are different political processes with their own specific dynamics. They have though become interlinked and intertwined but not necessarily in a coherent and integrated manner. Within broader global developments pertaining to state decentralisation and land redistribution, the thesis examines the complex relations between these two processes in South Africa. In particular, I analyse critically the decentralised character of the land redistribution programme in South Africa. In order to concretise and illustrate key themes and points, I discuss a particular land redistribution project called Masizakhe located in Makana Municipality in the Eastern Cape Province.
- Full Text:
- Date Issued: 2014
- Authors: Jaricha, Desmond Tichaona
- Date: 2014
- Subjects: Land reform -- South Africa , Land tenure -- South Africa , Agriculture -- Economic aspects -- South Africa , Decentralization in government -- South Africa , Local government -- South Africa , South Africa -- Politics and government
- Language: English
- Type: Thesis , Masters , MSocSc
- Identifier: vital:3374 , http://hdl.handle.net/10962/d1013120
- Description: South Africa is a new democracy that has had to deal with many historical remnants of apartheid. One of the main remnants has been land dispossession and massive inequalities along racial lines of access to land for agricultural purposes. In countering this, the post-apartheid state has pursued land redistribution programmes since the end of apartheid in 1994, as part of a broader land reform project. Simultaneously, post-apartheid South Africa has been marked by significant state restructuring notably a process of state de-centralisation including the positioning of municipalities as development agents. Amongst other goals, this is designed to democratise the state given the authoritarian and exclusive character of the apartheid state, and thereby to democratise development initiatives and programmes. Land redistribution and state decentralisation in South Africa are different political processes with their own specific dynamics. They have though become interlinked and intertwined but not necessarily in a coherent and integrated manner. Within broader global developments pertaining to state decentralisation and land redistribution, the thesis examines the complex relations between these two processes in South Africa. In particular, I analyse critically the decentralised character of the land redistribution programme in South Africa. In order to concretise and illustrate key themes and points, I discuss a particular land redistribution project called Masizakhe located in Makana Municipality in the Eastern Cape Province.
- Full Text:
- Date Issued: 2014
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