The Constitution of South Africa, 1996, requires local government to be democratic and accountable to local communities. Municipalities are also constitutionally bound to encourage the involvement of the communities in the affairs of local government. Section 152 of the Constitution of South Africa, 1996, sets out the rights of communities to be involved in the affairs of local government.Participation is not only about communicating information and addressing the needs of the community. Participation is also about building partnerships with the community, being accountable to the community, allowing the community to take part in policy decisions, capacitating the community to understand their rights and obligations as citizens, and allowing the community to participate actively in social, political and economic affairs. Local government as a sphere of government closest to the peopleplays a critical role in advancing the participation of the community. Chapter 4 of the Municipal Structures Act of 1998 requires that municipalities should establish ward committees in order to enhance participatory democracy. Ward committees were therefore established, as community structures, to play a role in advocating needs, aspirations, potentials and problems of the community. However, studies appear to be critical on the functionality of ward committees and argue that most ward committees are not functioning as intended. The purpose of the study is to establish whether MatlosanaLocal Municipality has created the environment for active participation through the ward committee system in order to enhance participatory democracy. Thestudy further investigates whether the ward committees are functioning as intended and according to what the law requires. The researcher used a qualitative method to determine how Matlosana Local Municipality uses the ward committee system to enhance participatory democracy. The investigation revealed a number of challenges facing the ward committees which hinder their effectiveness. However, recommendations are recommended to assist the management of the municipality in making the system more effective. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2012

The Constitution of South Africa, 1996, requires local government to be democratic and accountable to local communities. Municipalities are also constitutionally bound to encourage the involvement of the communities in the affairs of local government. Section 152 of the Constitution of South Africa, 1996, sets out the rights of communities to be involved in the affairs of local government.Participation is not only about communicating information and addressing the needs of the community. Participation is also about building partnerships with the community, being accountable to the community, allowing the community to take part in policy decisions, capacitating the community to understand their rights and obligations as citizens, and allowing the community to participate actively in social, political and economic affairs. Local government as a sphere of government closest to the peopleplays a critical role in advancing the participation of the community. Chapter 4 of the Municipal Structures Act of 1998 requires that municipalities should establish ward committees in order to enhance participatory democracy. Ward committees were therefore established, as community structures, to play a role in advocating needs, aspirations, potentials and problems of the community. However, studies appear to be critical on the functionality of ward committees and argue that most ward committees are not functioning as intended. The purpose of the study is to establish whether MatlosanaLocal Municipality has created the environment for active participation through the ward committee system in order to enhance participatory democracy. Thestudy further investigates whether the ward committees are functioning as intended and according to what the law requires. The researcher used a qualitative method to determine how Matlosana Local Municipality uses the ward committee system to enhance participatory democracy. The investigation revealed a number of challenges facing the ward committees which hinder their effectiveness. However, recommendations are recommended to assist the management of the municipality in making the system more effective. / Thesis (M. Development and Management)--North-West University, Potchefstroom Campus, 2012

Magister Philosophiae - MPhil / South Africa

This diploma thesis deals with basically unstudied topic of criminal liability of municipal representatives and other involved persons. At the beginning there is an attempt to create at theoretical level distinction between political decisions where no legal consequences should be brought and implementing decisions. This thesis pays special attention to questions of mens rea with respect to special conditions within municipal units. Therefore it is created different levels of duty of care based on relationship between subject and draft of decision. It is also remembered influence of an error to mens rea and a special situation of an error caused by improper advice or materials. The thesis pays attention also to basic criminal offences connected to this topic - breach of trust, abuse of authority and corruption. At the end there is a brief comparison with the system of liability of municipal representatives in chosen countries. Powered by TCPDF (www.tcpdf.org)

Le droit constitutionnel français a la particularité de laisser une large place au droit administratif. Tandis que le Conseil constitutionnel s’approprie des notions, des techniques et des modes de pensée issus du droit administratif, les normes constitutionnelles font appel à des institutions et des constructions administratives. Parallèlement, le Conseil d’État dispose de compétences formellement et matériellement constitutionnelles. Les conseillers d’État sont omniprésents dans l’élaboration des textes, notamment législatifs, et effectuent un pré-contrôle de constitutionnalité. Enfin, la doctrine de droit constitutionnel, formée en droit administratif, exploite des concepts de contentieux administratif pour analyser la jurisprudence constitutionnelle. Ainsi, poser la question des bases administratives du droit constitutionnel français implique de réfléchir sur l’existence, au sein du droit constitutionnel, d’une culture administrative de la discipline. Cette dernière provient alors, à la fois de l’histoire particulière du droit public français, qui, depuis la Révolution, a nécessité une jurisprudence administrative pléthorique pour pallier la discontinuité du droit constitutionnel, et de la construction particulière de l’État et de la nation, depuis la monarchie absolue. Le droit administratif français apparaît alors, singulièrement, comme la première et principale source d’effectivité du droit constitutionnel jusqu’en 1958. Cette pérennité interroge sur la relation entre État et citoyen, entre libéralisme et démocratie, au sein d’un ordre juridique français singulier. / The distinguishing feature of the French constitutional law is the fact that it uses extensively the administrative law. The Constitutional Council acquire notions, tools and ways of thinking from administrative law, whereas constitutional rules make use of administrative institutions or constructs. Meanwhile, the Council of State has both formal and material constitutional abilities. Councillors of State are ubiquitous in rules redaction, notably about the laws, where they perform a constitutional pre-control. Finally, constitutional authors, instructed in administrative law, study the constitutional rulings with administrative litigation concepts. Thus, inquiring into the administrative foundations of constitutional law involve reflecting on the existence of an administrative culture in this field. This culture comes from the singular history of French public law, which required a strong jurisprudence to compensate the constitutional unsteadiness of the 19th century. Also, it comes from the unusual building of the State and nation since absolute monarchy. French administrative law then appears especially like the first and primary source of constitutional law effectiveness until 1958. This permanence brings up questions about the relation between State and citizen, or liberalism and democracy, in an atypical French legal order.

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Magister Legum - LLM