Browsing by Author "Jordan, Janis"

Now showing 1 - 3 of 3
  • Thumbnail Image
    Item
    District-local municipal relations: The challenges to cooperative government
    (Community Law Centre, University of the Western Cape, 2005) Steytler, Nico; Jordan, Janis
    Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical area. This overlapping jurisdiction was bound to raise questions regarding its functionality. The system of local government is premised on cooperation and a productive atmosphere between district and local municipalities. It has been noted by the National Assembly Portfolio Committee on Local Government that the relationship between district and local municipalities varies from “cordial and cooperative to conflictual and unproductive”.1 The Western Cape branch of the South African Association for Local Government (SALGA) noted in their minutes2 that there is “an unwillingness to interact in a cooperative way” among district and local councils. A member of the Free State Provincial Department of Local Government3 noted that relations between the district and local municipalities counted among the reasons for the bad state of local government in the province. These examples illustrate the urgent need to address the state of relationships between district and local institutions. This question is what causes conflict and ultimate unproductiveness? Having identified key areas of conflict, the next question to be addressed is: how are these conflicts managed? This question is pertinent in light of the Intergovernmental Relations Framework Act4 (IRFA) which requires the establishment of District Intergovernmental Forums (DIFs) aimed at managing such relations. The object of this study is thus the identification of the challenges that DIFs must meet. This paper must be read with the “Status quo report on intergovernmental relations regarding local government”, prepared by the Local Government Project, which focuses on the incidence and functioning of intergovernmental forums at district level prior to the IRPA coming into operation
  • Thumbnail Image
    Item
    District-local municipal relations: The challenges to cooperative government
    (Community Law Centre, University of the Western Cape, 2005) Steytler, Nico; Jordan, Janis
    Outside of metropolitan areas, local government is shared by district and local municipalities; the 47 district municipalities and 231 local municipalities share legislative and administrative powers over the same geographical area. This overlapping jurisdiction was bound to raise questions regarding its functionality. The system of local government is premised on cooperation and a productive atmosphere between district and local municipalities. It has been noted by the National Assembly Portfolio Committee on Local Government that the relationship between district and local municipalities varies from “cordial and cooperative to conflictual and unproductive”.1 The Western Cape branch of the South African Association for Local Government (SALGA) noted in their minutes2 that there is “an unwillingness to interact in a cooperative way” among district and local councils. A member of the Free State Provincial Department of Local Government3 noted that relations between the district and local municipalities counted among the reasons for the bad state of local government in the province. These examples illustrate the urgent need to address the state of relationships between district and local institutions. This question is what causes conflict and ultimate unproductiveness? Having identified key areas of conflict, the next question to be addressed is: how are these conflicts managed? This question is pertinent in light of the Intergovernmental Relations Framework Act4 (IRFA) which requires the establishment of District Intergovernmental Forums (DIFs) aimed at managing such relations. The object of this study is thus the identification of the challenges that DIFs must meet. This paper must be read with the “Status quo report on intergovernmental relations regarding local government”, prepared by the Local Government Project, which focuses on the incidence and functioning of intergovernmental forums at district level prior to the IRPA coming into operation
  • Thumbnail Image
    Item
    Towards co-operative relations between district and local municipalities
    (University of the Western Cape, 2006) Jordan, Janis; Steytler, Nico; Faculty of Law
    The political context that prompted the formation of district municipalities in the present form can be summarized as follows: before 1994, there were a few sporadic Regional Services Councils and Joint Services Boards responsible mainly for bulk service provision in rural areas. In many rural areas, the acute imbalances in personal wealth, physical infrastructure and the provision of services were most patent. Provinces decided which of the local government models best suited their province. Consequently, it was possible for the institutions of local government to differ from province to province and there would be a two-tier system of local councils and region-wide district councils throughout non-metropolitan South Africa. The aim of this study was two-fold. FIrst to analyze the key causes of conflict that arise within the two-tiered system. Second, to determine whether district intergovernmental forums will be able to address the key causes of conflict identifies and assist in making the relationship between district and local municipalities more co-operative.