Exam (elaborations)
LGL3702 EXAM PACK 2023
- Institution
- University Of South Africa (Unisa)
LGL3702 EXAM PACK 2023
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LGL3702 EXAMPACK 2023
QUESTIONS
AND ANSWERS
,Question 1
In order to realign local government with the Constitution, a number of new
local government law principles were created. “Non-racial democratic
government” is an example of a new local government law principle. Name and
briefly describe another five new local government law principles. [10]
• Local government within a system of cooperative government√ - Local
government forms part of the general government system.√
• New boundaries for municipalities√ - The whole of South Africa must be
divided into municipal jurisdictions. Municipal boundaries have a direct
impact on the effectiveness of municipal institutions.
√
• Constitutional supremacy √ - The Constitution is the supreme law and the
constitutional provisions bind local government. The municipalities (local
government) are closely linked to the people of South Africa and must
therefore ensure, on a first-hand basis that the values of the Constitution
are given effect to. √
,• New functions of municipal government √ - The modern internal
procedures and functioning of local government are complex since the
municipal administration must operate efficiently under political leadership.
√
• Municipal service delivery: striving for sustainability √ - The municipalities
must strive to deliver municipal services in a sustainable manner. This is a
key objective since all South African citizens are dependent on these
services, although some households’ basic needs must be provided by
local government. Service delivery must be affordable, accessible and
simple in its aims. √
• Municipal financial/fiscal management √- The accurate and effective
financial management of municipalities is essential for local government
functions. √
• Municipal development planning and public participation√- Aspects of local
planning have been decentralised to municipal government. Government
accountability and public participation in municipal decision-making are
constitutional principles that must be given effect to.√
• New municipal autonomy √ - Local governments are interdependent,
autonomous spheres of government.√
• Objects of local government √ - to ensure sustainable provision of services;
to promote social and economic development; to promote a safe and
healthy environment; to encourage public involvement in municipal affairs.
√
• Municipal boundaries √ clear boundaries – Municipal demarcation board√
Question 2
When municipalities are deciding on the particular delivery options for their
areas, they should be guided by certain basic principles and approaches, such
as sustainability, among others. Name and (briefly) describe another five
principles and or approaches. [10
Suggested answer (any 5 below 10 marks max):
• Accessibility – communities should have access to the minimum level of service
, • Simplicity – municipal services should be simple and easy to use
• Affordability – services should be as affordable as possible
• Quality – services should be suitable for their purpose, provided on time and
safe
• Accountability – municipal government must be accountable for all its
activities, including the provision of quality services
• Integration – municipalities must adopt an integrated approach with
respect to planning and must ensure that municipal services are
provided in a sustainable manner
• Value for money – municipalities should provide value-for-money services
• Promotion of competitiveness – sufficient transparency is needed in the
sense that all investors in a given municipal area must be aware of the
costs involved in doing business in that area
• Promotion of the new constitutional values – municipalities must aim to
give effect to the values enshrined in the new constitutional dispensation
Question 1
Which one of the following is NOT a feature of the pre-1994 local government?
• Municipalities were described as “creatures of statute”.
• Municipalities’ powers derived directly from national and provincial
government.
• Even though the municipalities could enact bylaws, these bylaws
were reviewable by the courts and could be declared invalid.
• Local government was the highest tier of government.
Question 2
The establishment of a municipality takes place by the publication of a notice in
the Provincial Gazette and … of the Structures Act prescribes certain
requirements in order for such an establishment to be effective.
• section 12
• section 14
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