Class notes
CON 202 Local Government Notes
- Course
- CONSTITUTIONAL LAW
- Institution
- University Of The Western Cape (UWC)
Comprehensive and detailed local government notes for Con 202. *Essential!! *Contains vital info. Enjoy!!
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STUDY UNIT 12: LOCALGOVERNMENT:
12.1 INTRODUCTION:
- Local sphere of government has an important role to play in the democratisation process.
- Regarded as the cornerstone of modern democracies.
12.2 LOCAL GOVERNMENT IN HISTORICAL CONTEXT:
- Pre 1993: Apartheid systems at local level – highly fragmented, illegitimate & dysfunctional.
Separation between developed white areas and underdeveloped, under-serviced,
unrepresented black areas.
- 1980’s: Crisis in local authorities – consumer boycotts & civil unrest threatening to erupt.
Negotiations between white municipal structures and back civic representatives resulted
in three principle outposts.
An agreement of Local Government Finances and Services.
Local Government Transition Act.
Chap. 10 Interim Constitution.
Aided in restructuring local bodies, addressed the delineation of racial & social lines.
Pimstone argues: The hasty negotiation process, resulted in drafting deficiencies.
- New order: The 1996 Constitution recognised status of local government.
12.3 IMPORTANCE OF PARTICIPATORY GOVERNMENT:
- Many countries experienced with new ways of improving democratic decision making at grassroots
level. (Sri-Lanka, Belgium, Germany, Australia, Ghana, Nigeria).
- Brynard: Reasons why public participation in matters that directly affects the public are important:
Facilitates access to information re: local conditions, needs, desires, attitudes which is
important in adopting policy decision to implement.
Participation provides people who will be affected by policy the opportunity to express their
views, or influence public officials.
Involving and educating the public. Benefit of involvement: people more likely to stay
committed to the project/policy if they are involved in its planning. The identify with it as
their own.
Participation ensures the democratisation of planning process in particular and public
management process in general.
Most counties: participation in local government is a basic democratic right.
Participation is a means of balancing demands for central control against requirements of
local government. The more distant from the public government policies are, the less popular
they are.
, Participation plays the watchdog role = openness and participation reduce possibility of
corruption & help maintain high standards of behaviour. Empowers citizens to directly
influence public officials which helps to overcome bureaucratic dysfunctioning caused by
citizen involvement.
- The success of a participatory democracy depends on the active involvement of the people at lowest
level.
- To make the process of participation easier – important to address practical problems:
Language problems.
Difference in attitudes and expectations.
Mutual feelings of distrust.
Suspicion and resentment.
- Necessary to educate citizens on a regular basis;
Forums available to them in which they can express their views.
Free to comment on proposed policies.
Important that people know about government initiatives and are aware of the policies
emanate from the national/provincial sphere.
ACTIVITY 64: pg 250
1) You are a member of a task team created to advise Parliament on whether the recognition
of local government is a necessary precondition to the achievement of democratic
objectives. Write down the key points that you will refer to in your address to Parliament. (10)
2) Brynard lists a number of reasons why public participation at grassroots level is
fundamental to fulfilling democratic aspirations. Can you think of at least five reasons
why such participation may defeat the desired result? List them. (10)
3) List some of the factors that may hamper effective participation at grassroots level. (10)
(This question is an open question and requires you to think beyond the information that we have
provided.)
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