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LL.D. / Powers are granted to local authorities in South Africa by way of the specification of each power in the empowering legislation. The possibility has been mooted to change this way of empowerment to a specification of powers, combined with an additional general grant of powers to the effect that local authorities be authorized to do anything which may be required in order to perform their functions. Such a general form of authorization is in accordance with the situation in France and other continental systems as well as the majority of the federal states comprising the United States of America...

submitted by Li Jiehui. / Thesis (M.Phil.)--Chinese University of Hong Kong, 1998. / Includes bibliographical references (leaves 119-126). / Abstract also in Chinese. / Acknowledgements --- p.v / Abstract --- p.vi / Abbreviations --- p.viii / Tables and figures --- p.ix / Chapter Chapter 1 --- Introduction --- p.1 / Chapter 1.1 --- The research question --- p.1 / Chapter 1.2 --- The research method --- p.3 / Chapter 1.2.1 --- The legal and political scales --- p.3 / Chapter 1.2.2 --- The adaptation of Page's method in China --- p.5 / Chapter 1.2.3 --- The utilities of the two scales --- p.6 / Chapter 1.3 --- The research plan --- p.8 / Chapter Chapter 2 --- Central-local relations in China: an overview --- p.10 / Chapter 2.1 --- Major reforms in central-local relations --- p.10 / Chapter 2.2 --- Provinces under the economic cycle --- p.13 / Chapter 2.3 --- The case of Guangdong --- p.14 / Chapter Chapter 3 --- Legal assessment I: China --- p.16 / Chapter 3.1 --- The general legal framework --- p.17 / Chapter 3.1.1 --- Omni-competence --- p.17 / Chapter 3.1.2 --- Dual subordination --- p.18 / Chapter 3.1.3 --- The role of the Party --- p.20 / Chapter 3.2 --- Legal documents and opportunities --- p.21 / Chapter 3.2.1 --- National laws --- p.21 / Chapter 3.2.2 --- Administrative regulations --- p.22 / Chapter 3.2.3 --- Government/Party documents --- p.24 / Chapter 3.2.4 --- Local legislation --- p.27 / Chapter 3.3 --- Assessing legal localism --- p.28 / Chapter Chapter 4 --- Legal assessment II: Guangdong --- p.30 / Chapter 4.1 --- Build up a legal framework: 1979-1988 --- p.31 / Chapter 4.2 --- Recession: 1989-1990 --- p.34 / Chapter 4.3 --- Legislation of interests: 1991 -now --- p.34 / Chapter 4.3.1 --- The case of the regulation for property registration --- p.37 / Chapter 4.4 --- Development of other provinces: a comparison --- p.40 / Chapter 4.5 --- Major findings --- p.43 / Chapter Chapter 5 --- Political assessment I: China --- p.44 / Chapter 5.1 --- Page's methodology --- p.44 / Chapter 5.2 --- The conventional approach --- p.45 / Chapter 5.2.1 --- The National People's Congress --- p.46 / Chapter 5.2.2 --- The CCP Politburo --- p.48 / Chapter 5.3 --- The mechanism of maintaining local representation --- p.50 / Chapter 5.3.1 --- Patron-clientelism in Italy --- p.50 / Chapter 5.3.2 --- Reciprocal accountability and particularism in China --- p.51 / Chapter 5.4 --- Assessing political localism --- p.53 / Chapter Chapter 6 --- Political assessment II: Guangdong --- p.55 / Chapter 6.1 --- 1979-1984: harmonious central-Guangdong relations --- p.55 / Chapter 6.1.1 --- Preparation of the special policies --- p.56 / Chapter 6.1.2 --- Contents of the special policies --- p.57 / Chapter 6.1.3 --- Ren Zhongyi' s period --- p.58 / Chapter 6.1.4 --- Central criticism and Guangdong' response --- p.59 / Chapter 6.1.5 --- The first five years of reform --- p.61 / Chapter 6.2 --- 1985-1988: the climax of Guangdong's autonomy --- p.62 / Chapter 6.2.1 --- State Council Document (1985) No46 --- p.62 / Chapter 6.2.2 --- State Council Correspondence (1988) No25 --- p.64 / Chapter 6.3 --- 1989-1997: defending local autonomy --- p.66 / Chapter 6.3.1 --- Economic retrenchment and Guangdong's response --- p.66 / Chapter 6.3.2 --- Introduction of tax-sharing system --- p.68 / Chapter 6.3.3 --- Resisting “northerners´ح --- p.70 / Chapter 6.3.4 --- The coming of outsiders --- p.71 / Chapter 6.4 --- Major findings --- p.72 / Chapter Chapter 7 --- The trend of change --- p.74 / Chapter 7.1 --- The connection between legal and political localism --- p.75 / Chapter 7.1.1 --- Scenario I --- p.75 / Chapter 7.1.2 --- Scenario II --- p.78 / Chapter 7.1.3 --- Scenario III --- p.80 / Chapter 7.1.4 --- Some observation --- p.84 / Chapter 7.2 --- Implications on institutionalization --- p.85 / Chapter 7.2.1 --- Definition of institutionalization --- p.85 / Chapter 7.2.2 --- The lack of institutionalization in China --- p.86 / Chapter 7.2.3 --- Institutionalization and Guangdong --- p.88 / Chapter 7.3 --- Legal localism: a desirable outcome --- p.91 / Chapter 7.3.1 --- Major features of political localism and legal legalism --- p.91 / Chapter 7.3.2 --- Implications on institutionalization --- p.96 / Chapter 7.3.3 --- Desirability of legal localism --- p.98 / Chapter 7.3.4 --- The course towards legal localism --- p.98 / Chapter Chapter 8 --- Conclusion --- p.102 / Chapter 8.1 --- Legal centralism and political localism --- p.102 / Chapter 8.2 --- The lack of institutionalization --- p.103 / Chapter 8.3 --- The prospects: legal localism or dual localism --- p.104 / Chapter 8.4 --- Directions for further studies --- p.106 / Appendices / Chapter I --- A complete list of local legislation of Guangdong --- p.108 / Chapter II --- "Leaders of Guangdong Province, 1949-1998" --- p.118 / References --- p.119

Conceptually, South Africa is “one sovereign democratic state”, with a three-sphere governmental system operating co-operatively. Each sphere of government has “original” or constitutionally-allocated powers and functions, as well as legislative and executive powers. Thus, the governmental system is a hybrid or one sui generis, not benefiting from appropriate precedents. The status and autonomy given local government makes it somewhat unique in the world. Application of the principle of subsidiarity, and the mandate for local government to be developmental has resulted in the roles and responsibilities of municipalities being substantially increased, notwithstanding that most suffer from a lack of resources and capacity. Local authorities moved from the establishment of the first one in 1682 as providers of basic municipal services on the basis of race and affordability to democratically-elected ‘wall-to-wall’ municipalities in 2000. With 257 municipalities serving a population of 55.6 million, South African local authorities are comparatively large, spatially and demographically. Given the constitutional-statutory framework and the resultant complex operating environment, it is imperative that all municipalities are able to represent their interests in an intelligent, forceful, and unified manner on decision-making institutions to ensure a close fit between policies/programmes and peoples’ needs. Hence, effective municipal representation by knowledgeable, ethical and committed persons is imperative. The study provides a history of representation and local authority ‘development’ and underdevelopment in South Africa; a theoretical basis for representation; a review of formalism and government’s approach to development; co-operative governance and intergovernmental relations as a mechanism to facilitate municipal representation; an analysis local government powers, functions, status, autonomy, objects, rights and duties of municipalities; local participatory and representative democracy; and the establishment of municipalities. The constitutional and statutory provisions provide the foundation and framework to facilitate municipal representation. The study continues by analysing other mechanisms that enable municipal representation; a comparative review of local government and co-operative governance in certain select countries. It goes on to review the formal framework for organised local government in South Africa, including an overview of the South African Local Government Association (SALGA). Finally, findings and recommendations are made toward a model for municipal representation in South Africa. / Public, Constitutional and International Law / LL. D.