Browsing by Author "Ntliziywana, Phindile"
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Item Adding injury to insult: Intrusive laws on top of a weak system(Constitutional Court Review, 2016) Ntliziywana, PhindileLocal governments often encounter difficulties when state functions and powers are devolved to them. Capacity at local level often becomes the Achilles heel of devolution. This is the case in South Africa. The South African national government has undertaken a variety of capacity-building initiatives to address the capacity problems faced in the South African system of local government. A flurry of legal instruments containing capacity-building measures have been passed and more are in the offing. This paper is inspired by the argument raised by Steytler and De Visser about the national government’s attempt to legislate systemic problems faced by municipalities out of existence.Item The draft: Municipal financial misconduct regulations(Local Government Bulletin, 2012-10) Ntliziywana, PhindileOn 13 July 2012, the National Treasury published the draft Municipal Financial Misconduct Regulations for public comment. They set out processes and procedures that municipalities and entities must follow when dealing with allegations of financial misconduct. They apply to all officials and political office bearers in municipalities and municipal entities. The Regulations instruct each municipality to establish and publicise reporting procedures to ensure confidentiality and immunity from prejudice, harassment and dismissal in the reporting of financial misconduct.Item The end of administrative autonomy over individual staff appointments : from the courts(Community Law Centre, University of the Western Cape, 2011) Ntliziywana, PhindileSection 118(1) provides that a registrar of deeds can register a property transfer only lfhe or she receives a municipal clearance certificate that confirms that all taxes and fees due In connection with the property 'during the two years preceding the date of application for the certificate have been fully paid'.Item From the courts(Community Law Centre, University of the Western Cape, 2010) Ayele, Zemalek; Bosire, Conrad; Ntliziywana, PhindileThe cart before the horse? An award of tender contracts before legal compliance?Item The implication of noncompliance with Treasury's competency requirements(Local Government Bulletin, 2011-11) Ntliziywana, PhindileIn 2007, in response to capacity constraints bedeviling local government, the National Treasury issued regulations setting out minimum competency requirements which all municipal financial and supply chain management officials have to meet. The regulations took effect on 1 January 2008, but gave a five year period of grace within which all financial and supply chain management officials throughout the country were required to attain the minimum competency levels. For these officials, the countdown reaches zero on 1 January 2013. Against this background, this article seeks to explore the potential implications flowing from the non-compliance with these minimum competency requirements.Item Insulating administrative decision-making relating to individual staff appointments from political meddling: Manana v King Sabata Dalindyebo Municipality(Juta Law, 2012) Ntliziywana, PhindileIntroduction: The Local Government: Municipal Systems Act 32 of 2000 (hereafter 'the Municipal Systems Act') provides that the municipal manager is responsible for the appointment of staff, other than managers that report directly to the municipal manager (the so-called section 56 managers), in a municipality (s 55(1)(e) of the Municipal Systems Act). This is significant given that the municipal manager is the head of the municipal administration and also the accounting officer for the municipality (s 82(1)(a) of the Local Government: Municipal Structures Act 117 of 1998 (hereafter 'the Municipal Structures Act'), s 55(1) and (2) of the Municipal Systems Act and s 60 of the Local Government: Municipal Finance Management Act 56 of 2003 (hereafter 'the MFMA')). Political interference in the recruitment and appointment processes undermines this framework and has been cited as one of the reasons for the dysfunction at local government (Department of Co-operative Governance State of Local Government Report (2009) 67).Item MDB's municipal capacity report: Is local government ready for National Treasury's deadline(Community Law Centre, University of the Western Cape, 2012) Ntliziywana, PhindileOn 15 June 2007, the National Treasury promulgated the Municipal Regulations on Minimum Competency levels for financial and supply-chain management officials in municipalities. The Regulations prescribe minimum competency levels for these officials and gives a five-year period of grace for them to be met. Although the Regulations came into effect on 1 July 2007, the five-year period only kicked off in earnest on 1 January 2008 and is due to end on 31 December 2012 (see LGB 13(4) pp 16-18) and LGB 14(2) pp 4-5).Item Municipalities' readiness to comply with treasury's competency requirements(Local Government Bulletin, 2012-06) Ntliziywana, PhindileIn just under six months, the competency framework in the National Treasury's Minimum Competency Regulations will take full effect. Therefore, the article seeks to urge the National Treasury to be robust in implementing this framework contained in the Minimum Competency Regulations, as progress with professionalisation cannot be postponed any longer. Moreover, SAMWU and other key stakeholders are urged to use the remaining six months to bring problems encountered to the fore and not to wait until due date to raise the issues.Item Party manifestos for the third local government elections, 18 May 2011(Community Law Centre, University of the Western Cape, 2011) Ntliziywana, Phindile; Bosire, ConradWith the 2011 local government elections set for 18 May, political parties are preparing their party policies and manifestos in a bid to woo voters. A survey of the party manifestos and statements ahead of the elections reveals five main themes: local economic development; improving access to municipal service delivery; community safety; community participation and involvement; and curbing corruption and strengthening local governance'.Item Professional administration : crucial for service delivery(Community Law Centre, University of the Western Cape, 2011) de Visser, Jaap; Ntliziywana, PhindileMunicipalities cannot deliver on their developmental mandate without suitably qualified and professional staff. However, evidence shows that the lack of good governance of staff matters in many municipalities results in service delivery failure. Local government to professionalise and be professionalised - and there are three aspects of this.Item Professionalising political leadership: Leadership matters(Community Law Centre, University of the Western Cape, 2010) Ntliziywana, PhindileMoves are afoot to professionalise the administrative arm of local government. First, the National Treasury has prescribed a competency framework for municipal officials at senior and middle management levels. All senior and middle managers must have acquired the prescribed competencies by 1 January 2013, after which no candidate without the requisite competencies can be appointed. These regulations also make it necessary for current employees to attain these competencies by 31 December 2012.Item Regional spatial development framework vs municipal zoning scheme - which trumps the other?(Local Government Bulletin, 2012-04) Ntliziywana, PhindileFor a considerable time, many municipalities, or their officials, have considered themselves bound by the provisions of the spatial development framework (SDF) or the regional spatial development framework (RSDF) or development strategies in the approval of land development applications. A recent decision of the Gauteng High Court provided a rare opportunity to bring clarity to the legal status of these policies. This article seeks to discuss and analyse this judgement.Item SALGA takes issue with draft regulations on senior managers' appointment and conditions of service(Local Government Bulletin, 2012-06) Ntliziywana, PhindileThe Municipal Systems Amendment Act envisages regulations to provide for the competency requirements, appointment, duties, remuneration, benefits and other terms and conditions of employment of municipal managers and managers directly accountable to them. In May 2012, SALGA, as a key stakeholder, commented on version 18 of the draft regulations to the National Assembly's Portfolio Committee on Co-operative Governance and Traditional Affairs. SALGA's comments centre on four areas of concern, namely, permanent section 56 managers, overregulation, the remuneration framework and the regulation of SALGA.Item Should all municipal managers get the boot(Community Law Centre, University of the Western Cape, 2011) Ntliziywana, PhindileWith the election of new councils on 18 May, many municipal managers are likely to lose their jobs. The same applies to the managers reporting to the municipal managers.Item Testing the metal of the Municipal Systems Amendment Act of 2011(Local Government Bulletin, 2012-06) Ntliziywana, PhindileThe Local Government: Municipal Systems Amendment Act 7 of 2011 sought to put a halt to a phenomenon of staffing municipalities with unqualified people, thereby ensuring that skilled people are appointed. Its provisions were put to the test in a recent judgment of the Western Cape High Court. The court had to review the appointment of a municipal manager against a new section 54A, which provides that the appointment of a senior manager is null and void if the incumbent does not posses the prescribed skills, expertise, competencies or qualifications. This is the first case in which the Act's provisions concerning competency criteria for the appointment of municipal mangers has been tested.Item The toilet war(Community Law Centre, University of the Western Cape, 2010) Ntliziywana, Phindile; Ayele, ZemalekThe City of Cape Town built unenclosed toilets in Makhaza, an informal settlement in Ward 95 of Khayelitsha. It did so on the understanding that the community would erect their own enclosures. This led to a public outcry, protests by the ANC Youth League (ANCYL), an investigation by the Human Rights Commission and even a court challenge. The media has dubbed the dispute 'the toilet war'.Item The withholding of rates and taxes in five local municipalities(Community Law Centre, University of the Western Cape, 2010) Powell, Derek; May, Annette; Ntliziywana, PhindileThe Community Law Centre, in partnership with the German Agency for Technical Cooperation (GTZ) and SALGA, recently completed a research project on the phenomenon of rates withholding in five South African municipalities. 'Rates withholding' is the practice by ratepayers of withholding their property rates and, in some cases, fees for municipal services because they believe that municipalities are not delivering. We argue that this practice, though less visible than service delivery protests, is equally destructive.