Constitutional and Legislative Frameworks for the Local Sphere of Government in South Africa: Analytical and Interpretive Perspective

Abstract

After many years of apartheid rule, South Africa held its first democratic elections in 1994. As evident in the Constitution of the Republic of South Africa 1996, a commitment to establish developmental and human rights became an imperative doctrine. Three government spheres were established here: national, provincial and local. The latter is the sphere closest to the public and is constitutionally mandated to render and deliver sustainable essential services. Since 1994, significant strides have been made by the local sphere of government with both successes and failures. South Africa’s legal and policy framework transformation took place between 1993 and 2000 through changes in legislation, proclamations, white papers and by-laws. However, the elements of bad governance since 1994 have created a loss of confidence and service delivery hindrances in South African local government. Much of the population, especially the previously marginalised, face inadequate health services, unclean water and poorly maintained infrastructure and housing because some state institutions have become paralysed due to corruption and maladministration. This article aims to delve into the constitutional and legislative framework of local government in South Africa. The premise from which this article moves is that the quality of governance at the local government level directly impacts service delivery and is, therefore, critical to understanding some of the constitutional and legislative underpinnings driving local government. Municipalities should ensure that all actions and conducts comply with the statutes (acts of parliament, legislations and laws) and regulatory documents (white papers, official rules and regulations and by-laws) to local government.