Abstract:
This article examines the functioning and rationalisation of municipalities within
the context of the Constitution of the Republic of South Africa, 1996 and applicable
legislation. The role of the Municipal Demarcation Board and the demarcation
criteria used to re-determine, de-establish and rationalise municipalities referring
to a selected number of municipalities are discussed as well. The discourse on the
performance of municipalities is intimated in the article based on the continuing
disappointing results reflected through the Auditor-General’s annual reports,
including those published by the Department of Cooperative Governance and
Traditional Affairs and the National Treasury. The article also offers plausible solutions
to address some of the perennial problems facing municipalities. The data collection
methods used for the purpose of this article primarily include documentary review
of existing official documents and annual reports plus a literature review. Since the
advent of the democratic order in South Africa, the local sphere of government has
assumed a crucial constitutional role in respect to ensuring the provision of basic
services to local communities in a sustainable manner and promoting social and
economic development amongst others. Local government is described as a sphere
of government located within communities and well-placed to respond to local
needs, interests and expectations of the communities served by each municipality.
The constitutional status, powers and functions of local government are provided
for in Chapter 7 of the Constitution.
