Rationalisation of municipalities : a panacea for improved municipal governance in South Africa?

Abstract

This article examines the functioning and rationalisation of municipalities within the context of the Constitution of the Republic of South Africa, 1996 and applicable legislation. The role of the Municipal Demarcation Board and the demarcation criteria used to re-determine, de-establish and rationalise municipalities referring to a selected number of municipalities are discussed as well. The discourse on the performance of municipalities is intimated in the article based on the continuing disappointing results reflected through the Auditor-General’s annual reports, including those published by the Department of Cooperative Governance and Traditional Affairs and the National Treasury. The article also offers plausible solutions to address some of the perennial problems facing municipalities. The data collection methods used for the purpose of this article primarily include documentary review of existing official documents and annual reports plus a literature review. Since the advent of the democratic order in South Africa, the local sphere of government has assumed a crucial constitutional role in respect to ensuring the provision of basic services to local communities in a sustainable manner and promoting social and economic development amongst others. Local government is described as a sphere of government located within communities and well-placed to respond to local needs, interests and expectations of the communities served by each municipality. The constitutional status, powers and functions of local government are provided for in Chapter 7 of the Constitution.