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Constitutional Proposal: Local Government [1995] ZAConAsmRes 577 (2 February 1995)

 

2 February 1 995

CONSTITUTIONAL PROPOSAL: LOCAL GOVERNMENT

The residents' 1 ratepayers' I home-owners' associations, listed below, which represent a large number of residents of Pretoria, should like to make the following submission for your consider‑ations, through Prof HS Joubert, our representative on the Greater Pretoria TMC.


  1. . That Local Government elections not be contested by National/Regional political parties, but by representatives proposed by and representative of Civil Society.




MOTIVATION: Local Government is meant to represent the interests of the community at Municipal Ward/Burrough level. If candidates are representative of and proposed by National and Regional political parties then they have to follow the agenda of these parties (through party caucus decisions). This agenda is invariably based on National and 1 or Regional party political issues and seldom addresses the local Ward/Burrough needs. This very issue led to the formation of such organisations as those listed below, because local issues, needs and social concerns were being ignored in favour of the pursuit of party political issues of the Apartheid era.



Our experience has been that votes of no-confidence in Party-political ward representatives
were ignored as long as these representatives would toe the party line as perceived by the



Provincial Caucus and could afford to ignore their ward residents because they found
acceptance in the view of the National and Provincial political parties.


  1. That any ward representative whether proposed and elected on a Party-political basis (in the event of proposal 1 not being accepted) or on a non-Party-political basis, should sign an undertaking that he/she will resign and subject him/herself to a by-election if the residents of his / her ward petition the MEC for Local Government with a petition signed by at least 20 % of the enfranchised voters in the ward.




MOTIVATION: The motivation for this provision is principally contained in the motivation for Proposal 1. Additionally this proposal will ensure that a ward representative does not ignore the needs of his/her constituency once elected, thus ensuring accountability and effective democracy.


  1. That the provisions of the Loc:al Government Ordinance 1 939 (1 7 of 1 939) regarding conduct of Council Members (Chapter IV) be extended and strengthened to ensure that council members do not misuse their positions to their own financial advantage and gain.




MOTIVATION: See Krugel Commissions report (extended mandate).



Regards



HS Joubert
95-01-31

GROTER PRETORIA
INWONERS-EN BELASTINGBETALERSVERENIGINGS



Die volgende verenigings het op 'n vergadering op 26 Januarie 1995 die beginsels ondersteun wat in hierdie memorandum
uiteengesit word.



VERENIGINGS



I Belastingbetalers- en Inwonerverenigings van Suid-Afrika



I Belastingbetalersvereniging van Wyk 30



11 Irene Vigilance Association



@ Knoppiesiaagre Residents Association



11 Annlinn Residents Association



Waterkloof Homeowners Association



Arcadia Residents Association



11 Eastem Areas Citizens Association



Lynnwood/Menlo Park/Hazeiwood Ratepayers Association



11 Ciydesdale Village Co@ttee



11 Facric Glen Aksiekoniitee



Silverton Residence Association



Earthlife Africa



AMIRYW (RIIMI.028)