Exam (elaborations)
LGL3702 EXAM PACK 2023
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- LGL3702 EXAM PACK 2023
- Institution
- University Of South Africa
LGL3702 EXAM PACK 2023
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LGL3702EXAM
PACK
2023
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QUESTION 1
Subject to the Constitution of the Republic of South Africa, 1996, local government in
South Africa exercises ‘original’ and ‘assigned’ powers in respect of matters listed in
Part B of Schedule 4 and Part B of Schedule 5 of the Constitution.
1.1. Discuss the allocation of powers to the local government in accordance to the
Constitution with special reference to the difference between ‘original’ and
‘assigned’ powers, and state if whether there is any significance of ‘original’
powers. (15)
1.2. What is the difference between a local government power that is listed in Part
B of Schedule 4 of the Constitution and a local government power that is listed
in and Part B of Schedule 5 of the of the Constitution? Does it matter in which
of the two schedules the power is listed? (15)
[30]
QUESTION 2
Section 195 of the Constitution of the Republic of South Africa, 1996, stipulates the
basic values and principles governing public administration.
Discuss the applicability of these values and principles in the context of municipal
administration. (20)
[20]
QUESTION 3:
Define and contextualise the importance of municipal revenue. Further explain this
definition with reference to the relevant sections of the Municipal Finance Management
Act 56 of 2003. (20)
[20]
QUESTION 4
4.1. Municipalities must promote ethics, integrity and good governance. With refence
to case law and prescribed readings, explain how this is achieved in practice.
(10)
5
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4.2. Give a full explanation of the powers and functions of municipalities as derived
from the Constitution. (10)
4.3. Write a short paragraph in which you explain the concept “good public relations”.
In your answer you should also define the notion of “public administration”.
(10)
[30]
TOTAL: {100}
©
UNISA 2021
6
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Question 1
(1) The original powers of local government are as follows:
(a) to provide local communities with democratic and accountable government;
(b) to ensure that services to communities are provided in a sustainable manner;
c) to encourage social and economic progress;
(d) to encourage the creation of a safe and healthy environment; and
(e) to encourage communities and community organisations to participate in local
government concerns.
(2) A municipality must make every effort, within its financial and administrative
resources, to accomplish the goals set forth in subsection (1).
A municipality must:
(a) structure and manage its administration, budgeting, and planning procedures to
prioritise the community's fundamental requirements and promote the
community's social and economic development; and
(b) engage in national and provincial development programs
Additional powers handed to local governments through assignment, delegation, and
agency do not give them the policymaking and budgetary authority they need to
deliver in crucial impact areas, however these powers are the most important source
of local government's authority, and they are known as the 'original' powers of local
government because they come directly from the Constitution. As a result, these
powers are protected and cannot be taken away or modified by ordinary statutes or
provincial acts.
1.2 Schedule 5 part b of the constitution deals with :
• Billboards and the display of advertisements in public places
• Cemeteries, funeral parlours and crematoria
• Cleansing
• Control of public nuisances
• Control of undertakings that sell liquor to the public
• Facilities for the accommodation, care and burial of animals
Schedule 4 part b of the constitution deals with :
• Municipal planning
• Municipal health services
• Municipal public transport
• Municipal public works only in respect of the needs of municipalities in the
discharge
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