Abstract
Local government in South Africa is not only facing challenges normally associated with a process of development or transformation, but needs to adjust its focus according to the new development paradigm unfolding in South Africa. Developmental local government has to accomplish this task according to the mandate issued in the Constitution and within a specific legal-institutional and value framework The legal-institutional framework is based on a set of development law principles contained in new generation legislation. The value framework consists of community values as well as constitutional values reflecting individual and community values, norms and principles. This framework imposes a legal and moral duty as well as corresponding obligations on municipalities to plan and implement future socio-economic development of the areas for which they are responsible according to a new set of development principles and values. These principles make it incumbent upon municipalities to manage development through a people-centred and community-driven process. This article briefly deals with the nature and content of the duties and responsibilities of municipalities emanating from a new development paradigm when facilitating the development process within their areas of jurisdiction.
Highlights
The face, nature and functions of local government have, since the introduction of the Local Government Transition Act, and especially since the first democratic local government elections, changed drastically
The legal duly o f local go/ernm ent to facilitate development responsibility towards the rural and urban communities they serve, a responsibility which seems, within the context of the Constitution of the Republic of South Africa ( Chapter 7 dealing with Local Govern ment) and the White Paper on Local Government, to include, at least, a legal duty to develop
The duty to develop arises from the nature and scope of the development functions and responsibilities of local government bodies. These are clearly defined in the Constitution, in the Development Facilitation Act, and in the internationally accepted Local Agenda 21, which have been accepted as part of the development framework applicable to South Africa
Summary
The face, nature and functions of local government have, since the introduction of the Local Government Transition Act, and especially since the first democratic local government elections, changed drastically. The legal duly o f local go/ernm ent to facilitate development responsibility towards the rural and urban communities they serve, a responsibility which seems, within the context of the Constitution of the Republic of South Africa ( Chapter 7 dealing with Local Govern ment) and the White Paper on Local Government, to include, at least, a legal duty to develop. The duty to develop arises from the nature and scope of the development functions and responsibilities of local government bodies. These are clearly defined in the Constitution (section 153 read with the other sections of chapter 7), in the Development Facilitation Act, and in the internationally accepted Local Agenda 21, which have been accepted as part of the development framework applicable to South Africa. This article will briefly consider the nature and contents of the duty imposed by law and policy on local government to ensure that development law and policies are implemented according to national and international development principles and standards
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