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Summary CSL2601 - Constitutional Law (CLS2601)

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Summary of 5 pages for the course CSL2601 - Constitutional Law at Unisa (FUR ASSIGNMENT)

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  • February 27, 2023
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  • 2022/2023
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CONSTITUTIONAL LAW – CSL2601


ASSIGNMENT 2


Name: Amanda Philisiwe Ndima
Student number: 14558440
Due Date: 09/09/2022


DEPARTMENT OF PUBLIC, CONSTITUTIONAL AND INTERNATIONAL LAW,
UNISA


1.1
Types of Municipalities
• Local council
• Metropolitan council
• District council


Executive systems
• the collective executive system
• plenary executive system
• mayoral executive system


1.2
Four different categories of the supervisory powers


1. The power to monitor local government.
Section 155(6) of the Constitution specifies the authority to oversee municipal
government. According to this provision, each provincial government is required to
assist and supervise local governance within the province through legislation or other
means.

, 2. The power to intervene in local government.
Regular intervention is the word used to describe the right to intervene under section
139(1) of the Constitution. In addition to routine interventions, the Constitution's
Section 139 also allows for fiscal interventions and financial crisis interventions.


3. The power to regulate local government


Section 155(7) of the Constitution specifies the authority to control municipal
government. According to this provision, both the national and provincial
governments have the legislative and executive power to ensure that municipalities
effectively carry out their tasks with regard to the items mentioned in Schedules 4
and 5 by regulating how municipalities exercise their executive power.


4. The power to support local government
Section 154(1) of the Constitution specifies the authority to assist local government.
According to this provision, the national and provincial governments are required to
support and improve municipalities' capacity to manage their own affairs, exercise
their authority and carry out their tasks.




1.3
Critically discuss the significance of having the principles of co-operative
governance and inter-governmental relations as enshrined in the Constitution.


Under South Africa's 1996 Constitution, powers are decentralized. Horizontally
across national, state and local government agencies. And vertically between the
legislative, executive, and judicial branches. To do so ensures that all governance
objectives are achieved without conflict or unnecessary delays caused by artificial
limits set by overlap, the following principle Collaborative governance is now
supposed to enforce policies and protocols Regulation of overlap between the above
areas of government.

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