Abstract
The Legislative Authority of the Local Sphere of Government to conserve and protect the environment: A Critical analysis of Le Sueur V Ethekwini Municipality [2013] Zakzphc 6 (30 January 2013)
Highlights
Legislative authority in South Africa is divided among the national, provincial and local spheres of government
Sections 156(1) and 156(2) of the Constitution provide that a municipal council has the authority to pass laws in respect of the local government matters listed in Part B of Schedule 4 and in Part B of Schedule 5 of the Constitution
The principle that a province's exclusive powers relate only to those matters which may appropriately be regulated within the boundaries of a province was extended to municipalities by the Western Cape High Court: Cape Town in The Habitat Council v Provincial Minister of Local Government, Environmental Affairs and Development Planning Western Cape
Summary
Legislative authority in South Africa is divided among the national, provincial and local spheres of government. The division of legislative authority among the different spheres of government imposes important limits on each legislature's power to pass legislation These "federalism limits" provide that a legislature (for example, Parliament or a specific provincial legislature or municipal council) may not pass legislation that falls outside its competence. This issue was considered by the KwaZulu-Natal High Court: Pietermaritzburg in Le Sueur v eThekwini Municipality.5 In this case the High Court found that even though the functional area of "environment" has been explicitly allocated to the national and provincial spheres of government and not to the local sphere by the Constitution, municipal councils are entitled to pass legislation that deals with the conservation and protection of the "environment", at least in those circumstances where it forms a part of "municipal planning".6. Before turning to discuss this case, it will be useful first to examine the manner in which the Constitution allocates legislative authority to the municipal councils
Sign-in/Register to view highlights & summary Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a callMore From: Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad
Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on "as is" basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The CopyrightLaw.
