Unfunded budgets in local government

Abstract

The Constitution of the Republic of South Africa entrenches the status of local government as a distinct sphere of government.1 In terms of section 40(1), the government of the Republic is constituted of three spheres, namely, the national, provincial, and local spheres of government. The local sphere of government has a constitutional mandate of ensuring the provision of services to communities in a sustainable manner.2 Furthermore, municipalities are required ‘to strive to achieve their mandate of the provision of essential services within their financial and administrative capacity.