Browsing by Author "Mettler, Johann"
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Item Federal arrangements as a peacemaking device during South Africa's transition to democracy(Publius: The Journal of Federalism, 2001-01-01) Steytler, Nico; Mettler, JohannThis article examines how federal arrangements were used during South Africa's transition to democracy to deal with the conflict posed by two important ethnic-based groupings: right-wing Afrikaners and Zulu nationalists. It will be argued that while limited federal arrangements were successful in containing the conflict, this aspect of South Africa's federal enterprise quickly faltered when the underlying conflicts and federal impetus dissipated. This case study, then, provides an interesting illustration of the dynamic quality of federalism; it can be a flexible political process that responds to the exigencies of the moment.Item Making law: A guide to municipal councils(Community Law Centre, University of the Western Cape, 2000) Steytler, Nico; de Visser, Jaap; Mettler, JohannThe first fully democratic municipal elections held on 5 December 2000 saw local government take its rightful place as the third sphere of government. Chapter seven of the Constitution has now come into full operation. A municipality now enjoys protected status as a legislative body. This means that it has the authority to make laws on local government matters without undue interference by other spheres of government. However, a constitutionally protected legislative authority brings with it a responsibility. The onus is now on municipalities to use the legal space provided by the Constitution in a manner that is democratic, accountable and developmental. This is certainly not an easy task: the challenges of sustaining, improving and extending service delivery and local democracy are great. The legislation that will guide newly elected councillors in the final phase of transformation further enables municipalities to be development agents and builders of democracy. This manual provides a useful guide for councillors to familiarise themselves with: • the scope of the legislative authority that their councils enjoy; • procedural aspects around making law; and • the legal and constitutional requirements relating to the content of by-laws. It will be a significant aid to councillors in their pivotal role as policyand lawmakers.Item Realising the right of access to water: pipe dream or watershed?(University of the Western Cape, 2003) de Visser, Jaap; Cottle, Edward; Mettler, JohannThe article assesses the implications of the Grootboom judgment on the right of access to water. The free basic water policy intends six free kilolitres of water per household per month to be funded from the equitable share and internal cross-subsidies. No additional funds are available for the provision of free water. This creates serious problems in rural communities that do not have sufficient high volume users to ensure cross-subsidisation. For most urban working class households six kilolitres of water is insufficient. Legislation dealing with water tariffs calls for a balance between cost recovery and access to basic services. The 'reasonableness' of this principle can be disputed in the light of high unemployment and poverty rates. A recent judgment confirms the principle that disconnection is a prima facie breach of the right of access to water. The onus is on the state to justify the disconnection. Human dignity is placed at the centre of the test of whether state action is reasonable, and being deprived of a basic supply of water strips people of their dignity.