A well-run local government is critical to the day to day lives of all residents of South Africa. In Johannesburg we have seen a revolving door of mayors. This is not good. New legislation look to overcome this by restricting the use of calls of no confidence in elected officials. But what can you do to assist this process. Before we answer that question the Democratic Alliance in Johannesburg are on the warpath. They have launched a petition entitled “Petition for fresh elections for a stable Joburg, now!” They note,
“It is time to end the merry-go-round of no confidence votes and fighting over positions. Sign this petition now and get behind the DA’s call for the Joburg council to dissolve itself in order for new elections to take place. United, we can rescue Joburg! Joburg is being held hostage by unethical small parties that use coalitions to extort positions and patronage. As a result, the Johannesburg city council, as currently constituted, has no pathway to a sustainable, stable and ethical majority government.
“The council that emerged from the 2021 local government election features no less than 18 different parties. The council is too split and fragmented, with too many small parties that hold the balance of power, for a stable government to be formed. It is time to go back to the voters so that they can fix this extreme fragmentation by uniting behind the DA. This will enable us to form a stable and ethical new government that can rescue Joburg.
Whilst we can all totally agree with these sentiments, we would point out that the DA has joined a national coalition (Government of National Unity by aby other name) and they engaged in the recent Johannesburg mayoral process by fielding their own candidate. Politics at its’ finest.
The DA claims that “the Municipal Structures Act provides that a council with no pathway to form a stable government may dissolve itself two years after the last election.”
Well not really, we cannot see anything about” no pathway”
Dissolution of municipal councils
34. ( 1 ) A municipal council may dissolve itself at a meeting called specifically for this purpose. by adopting a resolution dissolving the council with a supporting vote of at least two thirds of the councillors.
(2) A municipal council may dissolve itself only when two years have passed since the council was last elected.
(3) The MEC for local government in a province, by notice in the Provincial Gazette, may dissolve a municipal council in the province if—
(a) the Electoral Commission in terms of section 23(2)(a) of the Demarcation Act is of the view that a boundary determination affects the representation of voters in that council, and the remaining part of the existing term of municipal councils is more than one year: or
(b) an intervention in terms of section 139 of the Constitution has not resulted in the council being able to fulfil its obligations in terms of legislation.
(4) The MEC for local government may dissolve a municipal council in terms of subsection (3)(b) only—
(a) with the concurrence of the Minister; and
(b) after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution.
But if a political party can establish a petition why can’t you. Well, you can. We are sure that many municipalities have the same or similar processes as the City of Johannesburg which has a created a Petitions Committee in terms of S79 of the Municipal Structures Act. Anybody can submit a petition, even just one person. There are a few simple formalities but otherwise it is a good way to make sure you have your voice heard.
Petitions Committees
A well-run local government is critical to the day to day lives of all residents of South Africa. In Johannesburg we have seen a revolving door of mayors. This is not good. New legislation look to overcome this by restricting the use of calls of no confidence in elected officials. But what can you do to assist this process. Before we answer that question the Democratic Alliance in Johannesburg are on the warpath. They have launched a petition entitled “Petition for fresh elections for a stable Joburg, now!” They note,
“It is time to end the merry-go-round of no confidence votes and fighting over positions. Sign this petition now and get behind the DA’s call for the Joburg council to dissolve itself in order for new elections to take place. United, we can rescue Joburg! Joburg is being held hostage by unethical small parties that use coalitions to extort positions and patronage. As a result, the Johannesburg city council, as currently constituted, has no pathway to a sustainable, stable and ethical majority government.
“The council that emerged from the 2021 local government election features no less than 18 different parties. The council is too split and fragmented, with too many small parties that hold the balance of power, for a stable government to be formed. It is time to go back to the voters so that they can fix this extreme fragmentation by uniting behind the DA. This will enable us to form a stable and ethical new government that can rescue Joburg.
Whilst we can all totally agree with these sentiments, we would point out that the DA has joined a national coalition (Government of National Unity by aby other name) and they engaged in the recent Johannesburg mayoral process by fielding their own candidate. Politics at its’ finest.
The DA claims that “the Municipal Structures Act provides that a council with no pathway to form a stable government may dissolve itself two years after the last election.”
Well not really, we cannot see anything about” no pathway”
Dissolution of municipal councils
34. ( 1 ) A municipal council may dissolve itself at a meeting called specifically for this purpose. by adopting a resolution dissolving the council with a supporting vote of at least two thirds of the councillors.
(2) A municipal council may dissolve itself only when two years have passed since the council was last elected.
(3) The MEC for local government in a province, by notice in the Provincial Gazette, may dissolve a municipal council in the province if—
(a) the Electoral Commission in terms of section 23(2)(a) of the Demarcation Act is of the view that a boundary determination affects the representation of voters in that council, and the remaining part of the existing term of municipal councils is more than one year: or
(b) an intervention in terms of section 139 of the Constitution has not resulted in the council being able to fulfil its obligations in terms of legislation.
(4) The MEC for local government may dissolve a municipal council in terms of subsection (3)(b) only—
(a) with the concurrence of the Minister; and
(b) after notice of that dissolution has been tabled in the National Council of Provinces and that Council has approved the dissolution.
But if a political party can establish a petition why can’t you. Well, you can. We are sure that many municipalities have the same or similar processes as the City of Johannesburg which has a created a Petitions Committee in terms of S79 of the Municipal Structures Act. Anybody can submit a petition, even just one person. There are a few simple formalities but otherwise it is a good way to make sure you have your voice heard.
Ramaphosa signs Electricity Regulation Amendment Act into law
From Creamer News:
President Cyril Ramaphosa has signed into law the much-anticipated Electricity Regulation Amendment (ERA) Act, which lays the legislative foundations for the establishment of a fully independent Transmission System Operator (TSO) in the coming five years. The ERA Bill was approved by lawmakers ahead of the May 29 elections and the President’s assent on August 16 has come amid some concern about the constitutionality of provisions that could affect the authority that municipalities currently have over electricity distribution. Nevertheless, the reforms included in the Act, which amends the Electricity Regulation Act of 2006, are otherwise broadly supported by stakeholders, including organised business.
These stakeholders argued that the legislative changes are urgent to level the playing field between Eskom and independent power producers, as well as to align the electricity supply industry with the unfolding energy transition. Significantly, the new Act provides for the establishment, duties, powers and functions of a State-owned TSO, which must be established as an independent entity within five years. It also requires the development of a market code that will establish rules to govern the future competitive market, and outlines the process through which the code will be approved.
The legislation also provides for market operation as a new activity that may be licensed by the National Energy Regulator of South Africa (Nersa).
“To ensure a level playing field for competition between multiple electricity generators, the Act provides that the system operator shall not discriminate between different generators or customers in relation to dispatching or balancing the system, except for objectively justifiable and identifiable reasons approved by the regulator. “Access to the transmission and distribution power system must be objective, transparent and non-discriminatory,” the Presidency highlighted in a statement confirming that the ERA had indeed been signed.
The Act states that the National Transmission Company of South Africa, which began trading as a separate Eskom Holdings subsidiary on July 1, will act as the TSO in the interim. The legislation also has implications for economic regulation, distinguishing between tariffs that must be set or approved by the regulator, such as network charges, and those which are subject to a direct supply agreement or arise as an outcome of a competitive market.
Nersa must also enable an efficient licensee to recover the full cost of the licensed activity, with a reasonable return. It may provide for incentives, however, for continued improvement of technical and economic efficiency.
The new legislation also caters for the imposition of penalties for damage to, and sabotage of, electricity infrastructure, and provides for fines of up to R1-million or five years in prison – or both – for damage, removal or destruction of transmission, distribution or reticulation cable, equipment or infrastructure. Persons who unlawfully receive such cables, equipment or infrastructure face fines of up to R5-million or 10 years in prison, or both.
