rhizogenes inoculation method

The Latin notion pro bono publico, which means “for the public good”, suggests that the state, and therefore also local government, should provide goods and services in the interest of the community and for the public good (Van der Waldt, 2007:8). Zybrands (2006:133) explained that the local sphere of government is the “closest to the constituents” and has to render a wide range of services that directly affect the lives of the community.

Local government in South Africa has undergone radical and almost continual transformation since 1994, culminating in the local government elections on 5 December 2000 and the reduction of the number of municipalities from 843 to 284. The election of 231 local municipality, 47 district municipality and 6 metropolitan municipalities established local government as a fully fledged sphere of government alongside national and provincial government. One district municipality was however disestablished in 2005 and there are currently 283 municipalities (Department of Co-operative Governance and Traditional Affairs, 2009a). Since 1994, government has engaged in a systematic and pervasive overhaul of all previous local government policy and legislation (SA, 2001).

The final control and management of local authorities prior to the implementation of the 1996 Constitution resorted under the upper government institutions, namely the national and provincial governments (Bekink, 2006:27). Apart from this lack of autonomy, local authorities were also racially divided, which ultimately resulted in a political uprising and radical transformation (Klingemann, 2006:119).

The vision and framework of the current local government system, as determined in the relevant legislation, was originally established by the White Paper on Local

46 Government (SA, 1998g), which served as the founding platform of the local government restructuring. In compliance with the Constitution, it is the objective of local government legislation to ensure service provision, the eradication of poverty, and the “improvement of social and economic living conditions for all”

(Bekink, 2006:27).

Reddy (1999:10) in Van der Waldt (2007:4) identified the following key characteristics of local government in general, which also apply to local government in South Africa:

 Locality, which is the geographical area in which a sense of community consciousness is apparent.

 Legal personality, which is the constitutional arrangements, legislation and regulations that define the powers of local government.

 Autonomy, which is the ability of local government to make binding decisions and policy choices within a legally stipulated framework, and to allocate resources and provide services specific to the local environment.

 Governmental powers, which is the authority to carry out formal governmental functions such as revenue collection, resource allocation, and the making of political choices.

 Participation, which is the way in which community representatives are elected or appointed to serve the community, and the way in which the community has the opportunity to participate in government affairs.

As previously mentioned in this chapter, section 151 of the Constitution provides that the local sphere of government consists of municipalities and that neither the national nor the provincial government may compromise or impede a municipality‟s ability or right to exercise its powers or perform its functions.

Section 151 (3) of the Constitution also gives municipalities the right to govern on their own initiative, subject to national and provincial legislation, as provided for in the Constitution. Craythorne (2006:7) explained that this clause implies that all

47 national and provincial legislation is subject to the principle of constitutional legality. No provincial legislature may therefore enact arbitrary legislation to dictate to a municipality.

The objectives of local government, as stipulated in section 152 of the Constitution, are:

 To provide democratic and accountable government to local communities;

 To ensure the provision of services to the community;

 To promote economic and social development;

 To promote a healthy and safe environment; and

 To encourage the involvement of the community in local government matters.

Bekink (2006:68) explained that the essence of these objectives is in confirming the constitutional commitment to a democratic state and accountable government, to ensure the sustainable provision of services to the public, to encourage social and economic upliftment and development, to create a safe and healthy environment, and to revitalise public participation and involvement.

By achieving these objectives, local government will not only meet the needs and expectations of the community, it will also ensure that the developmental needs of those South Africans who for decades were excluded from quality service provision, are adequately addressed. An indisputable democracy, where the government serves the interests of all people, will then be realised.

The Municipal Systems Act has two relevant definitions to clarify the services to be provided by municipalities (Craythorne, 2006:158). The first is basic municipal services, which are those services necessary to ensure an acceptable and reasonable quality of life and which, if not provided, would endanger public health and safety. The second is municipal services provided in terms of the municipality‟s powers and functions, to or for the benefit of the local community, irrespective of whether:

 Such a service is provided by the municipality through an integral mechanism or by engaging an external mechanism; and

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 Fees, charges or tariffs are levied in respect of such a service.

Nealer (2007:148) defined service provision as the provision of public activities, benefits or satisfactions, with such services relating to the provision of both tangible public goods and intangible services. Ismael, Bayat and Meyer (1998:11) stated that the provisions of the Constitution that influence local government are aimed at ensuring good governance, service provision and a better quality of life for all.

As already indicated in this chapter, local government does not exist in isolation from other spheres of government. Bekink (2006:10) pointed out that in light of the constitutional confirmation that government is constituted as national, provincial and local spheres, local government is indisputably part of the overall governmental structure. All spheres of government must observe and adhere to the principles of co-operative government and intergovernmental relations as stipulated in the Constitution (Craythorne, 2006:15). Craythorne (2006:15) went on to point out that the Constitutional Court has ruled that the provisions of the Constitution are designed to “ensure that in fields of common endeavour the different spheres of government will co-operate with one another to secure the implementation of legislation in which they have a common interest”.

Intergovernmental relations are dealt with more comprehensively in chapter 5.

The legal nature of a municipality is explained in section 2 of the Municipal Systems Act, which stipulates that a municipality is an organ of state within the local sphere of government exercising legislative and executive authority within a demarcated area. A municipality consists of the political structures and administration of a municipality and the community. In terms of section 2(c) of the Act, a municipality functions in accordance with the political, statutory and other relationships between its political structures, political office-bearers and administration, and the community. The Act also states that a municipality has a separate legal personality, which excludes liability of the community for the

49 actions of the municipality. Bekink (2006:83) argues that an understanding of the legal nature of local government is of great importance, as it explains the basic composition of a municipality but also provides the significant responsibilities in terms of political and administrative structures.

Municipalities must ensure that municipal services are equitable and accessible for all local residents, so as to enable municipalities to achieve and fulfil their objectives and responsibilities. Municipal services and service provision should comply with and conform to the constitutional vision and requirements. With all relevant legislation and structures in place, local government now has to implement and execute governmental policies to achieve effective service provision to all residents.