Codification of 'Intergovernmental Relations' by Way of Legislation: The Experiences of South Africa and Potential Lessons for Young Multi-Tiered Systems

2013 ◽  
Author(s):  
Bertus De Villiers
Keyword(s):  
South Africa ◽  
Intergovernmental Relations

scholarly journals Disaster mitigation by local government: A case study of Foreman and Kennedy road informal settlements in the eThekwini municipality, Kwazulu-Natal, South Africa

2011 ◽  
Vol 8 (3) ◽  
pp. 352-365
Author(s):  
Bethuel Sibongiseni Ngcamu ◽  
Nirmala Dorasamy
Keyword(s):  
South Africa ◽  
Disaster Management ◽  
Building Materials ◽  
Intergovernmental Relations ◽  
Informal Settlements ◽  
The Body ◽  
Mitigation Strategies ◽  
Disaster Mitigation ◽  
Significant Difference

Disaster mitigation is one of the phases within the disaster management cycle which alleviates the adverse impact of disasters by instituting structural and non-structural measures where infrastructure and people are at risk. Disaster mitigation remains an overlooked phenomenon by governments in developing countries, despite its negative repurcusion which is aggravated by economic downturns, infrastructural destruction and political unrest. The literature review reveals a need for long-term disaster mitigation strategies to be carried out well before disaster events. Among the most crucial demands are the need to embed mitigation in government departments’ planning programmes, the need for community participation and intergovernmental relations with the aim to create disaster resistant communities. The purpose of the article is to contribute to the development of a robust disaster management framework and the centre within eThekwini Municipality with the aim to create properly balanced mitigation strategies. Furthermore, to add value to the body of knowledge in South Africa as there are a limited number of researchers who have contributed to the study of disaster mitigation. The research was undertaken at the Foreman and Kennedy Road informal settlements located in Clare Estate, under Ward 25, in Durban. Questionnaires were self-administered to a population size of 220 respondents, from which a sample size of 140 respondents completed the questionnaires, thereby generating a response rate of 63.6%. Interviews were also conducted with municipality officials involved in disaster management. Data was analysed in the form of frequency distribution and cross-tabulation tables. The article indicates a significant difference between sturdy and non-compliance building materials used to build the informal settlements. The article indicates that eThekwini Municipality does not have mitigation strategy as well as short or long-term planning. The building density, the use of combustible building materials for wall and roofs, and structural instability, all have a considerable influence on the spread of fire to the informal settlements.

Justice Sandile Ngcobo and the Judicial Reinforcement of Intergovernmental Relations in South Africa

2018 ◽  
Vol 32 (1&2) ◽  
Author(s):  
Maropeng Mpya ◽  
Nomthandazo Ntlama
Keyword(s):  
South Africa ◽  
South African ◽  
Judicial Review ◽  
Intergovernmental Relations ◽  
Case Law ◽  
Public Authority ◽  
Constitutional Court ◽  
Chief Justice ◽  
Judicial Reasoning ◽  
Judicial Authority

The importance of co-operative governance is strengthened by the authority vested in the judiciary—to ensure the judicial review of any conduct, rule or law that runs contrary to the prescripts of the envisaged collaborative relations. Of particular significance is the establishment of the Constitutional Court, where retired Chief Justice Ngcobo distinguished himself as an independent thinker, within the limitations of judicial authority, in advancing the principles of co-operative governance. His rich intellect demonstrates an alternative way of arriving at the constitutionalised South African jurisprudence that has spanned twenty-two years of democracy in regulating public authority. This article reviews and provides an account of Justice Ngcobo’s selected case law in the judicial enforcement of the principles of co-operative governance. The objective is to give impetus to the advancement of an unwavering commitment and a well thought-out, futuristic and progressive outlook on the evolution of South African jurisprudence. These were motivated by a zeal to establish his deep-rooted philosophy that informed his thoughts in judicial reasoning. The motivation raises a question that is intended to help determine whether his contribution has shifted the culture of dictatorship of the pre-democratic dispensation to the affirmation of the principles of constitutional supremacy in a way that befits the general populace affected by the different spheres of government.

scholarly journals Developmental Local Government in South Africa: Institutional fault lines

2009 ◽  
pp. 7-25 ◽  
Author(s):  
Jaap De Visser
Keyword(s):  
South Africa ◽  
Local Government ◽  
Financial Management ◽  
Intergovernmental Relations ◽  
Policy Framework ◽  
Internal Governance ◽  
Government Mandates ◽  
History Of ◽  
Fault Lines ◽  
Definition Of

This paper provides a brief introduction to the recent history of, as well as the legal and policy framework for, local government in South Africa. It discusses the transformation of local government from a racially configured, illegitimate arm of the apartheid government into a system designed to produce developmentally oriented municipalities. The progress made by South African municipalities towards realising the vision of developmental local government is remarkable and unprecedented. Over the last 13 years, municipalities have embarked on the extension of infrastructure and development, whilst absorbing fundamental changes to their internal governance and management arrangements, financial management systems and intergovernmental responsibilities. The new local government system offers great potential for the realisation of a better life for all citizens, facilitated by a new generation of municipalities. However, the challenges remain huge and some of these can be attributed to institutional fault lines. These include challenges that come with large, inclusive municipalities, new executive systems and the political appointment of senior officials. The paper also identifies the downside of overzealous institutionalisation of community participation. With regard to intergovernmental relations, the paper highlights the need for a clearer definition of local government mandates and a greater recognition of the role of big cities. The current insistence on comprehensive intergovernmental alignment of policies and budgets is questioned, and suggestions are made to substitute this with an approach of selective alignment around key national priorities.

scholarly journals INTERGOVERNMENTAL RELATIONS AND HOUSING POLICY IMPLEMENTATION IN SOUTH AFRICA

Politeia ◽  
2016 ◽  
Vol 33 (2) ◽  
pp. 28-47
Author(s):  
Kedibone Phago
Keyword(s):  
South Africa ◽  
Policy Implementation ◽  
Housing Policy ◽  
Public Service ◽  
Intergovernmental Relations ◽  
Final Analysis ◽  
Public Institutions ◽  
Constitutional Amendment ◽  
Housing Provision ◽  
Implementation Outcomes

Housing policy in South Africa requires that government departments at different spheres coordinate their activities to facilitate the provision of housing. This coordination is imperative because without such, effective housing provision remains compromised. The question that this paper raises is: whither intergovernmental relations (IGR) for housing policy implementation in South Africa? From this question it is clear that the nature of this discussion is conceptual as it seeks to engage on the institutional IGR model of public housing delivery. This question is raised in this paper because a system that ties activities of different spheres of government is necessary to realise housing policy implementation outcomes. However, in responding to this question several issues receive attention: Firstly, a broader view on a social contract as well as establishing public institutions to facilitate public service delivery.Secondly, intergovernmental relations and housing which consider the nature of IGR system in place, while arguing that this system is not viable for housing delivery. Thirdly, while the municipal accreditation system has been introduced, it remains complex and costly in addressing housing delivery challenges. In the final analysis, this paper argues for a constitutional amendment which would allow housing to become a functional competency of municipalities similar to other human settlements components such as roads constructions, electricity, sanitation and clean drinking water.

Natural Hazards Governance in South Africa

2018 ◽  
Author(s):  
D. van Niekerk ◽  
G.J. Wentink ◽  
L.B. Shoroma
Keyword(s):  
South Africa ◽  
Natural Hazards ◽  
Best Practice ◽  
Natural Hazard ◽  
Intergovernmental Relations ◽  
Risk Governance ◽  
Political Will ◽  
New Era ◽  
Local Government Level ◽  
Government Level

Disaster and natural hazard governance has become a significant policy and legislative focus in South Africa since the early 1990s. Born out of necessity from a dysfunctional apartheid system, the new emphasis on disaster risk reduction in the democratic dispensation also ushered in a new era in the management of natural hazards and their associated risks and vulnerabilities. Widely cited as an international best practice in policy and law development, South Africa has led the way in natural hazard governance in sub-Sahara Africa as well as in much of the developing world. Various practices in natural hazard governance in South Africa are alluded to. Particular attention is given to the disaster risks of the country as well as to the various natural hazards that drive this risk profile. Statutory and legislative aspects are discussed through a multisectoral approach, and by citing a number of case studies, we show the application of natural hazard governance in South Africa. Certain remaining challenges are highlighted that are faced by the South Africa government such as a lack of political will at the local government level, deficits in risk governance, difficulties in resource allocation, a lack of intergovernmental relations, and a need for enhanced community participation, ownership, and decision making.

Time and Latitude in South Africa

1972 ◽  
Vol 1 ◽  
pp. 27-38
Author(s):  
J. Hers
Keyword(s):  
South Africa ◽  
Cape Town ◽  
Astronomical Observations ◽  
Royal Observatory ◽  
The Republic ◽  
Astronomical Determination ◽  
Limited Accuracy ◽  
Better Than

In South Africa the modern outlook towards time may be said to have started in 1948. Both the two major observatories, The Royal Observatory in Cape Town and the Union Observatory (now known as the Republic Observatory) in Johannesburg had, of course, been involved in the astronomical determination of time almost from their inception, and the Johannesburg Observatory has been responsible for the official time of South Africa since 1908. However the pendulum clocks then in use could not be relied on to provide an accuracy better than about 1/10 second, which was of the same order as that of the astronomical observations. It is doubtful if much use was made of even this limited accuracy outside the two observatories, and although there may – occasionally have been a demand for more accurate time, it was certainly not voiced.

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