Making law: A guide to municipal councils
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Date
2000
Journal Title
Journal ISSN
Volume Title
Publisher
Community Law Centre, University of the Western Cape
Abstract
The 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.
Description
Keywords
Local government, Metropolitan councils, Constitution, Democratic elections, Parliament
Citation
Steytler, N., De Visser, J., & Mettler, J. (2000). Making law. Bellville: Community Law Centre, University of the Western Cape.