Chapter 4: Law Makers And Planning Laws

Question 1

Define the following terms: [3X2]

1. Devolution of power
2. Assigning of power
3. Delegation of power

Answer 1

Devolution of power - Manner in which power is wielded over legal subjects

Assigning of power - Parliament decides to give certain legislative powers to any government body. The assigner of responsibility is no longer held accountable.

Delegation of power - Power of the president is passed down to lower levels. Authority passing responsibility is held accountable.

Question 2

According to the SA constitution, provincial planning is an area of exclusive legislative competence. Under what circumstances may National government override this provision? [4]

Answer 2

• when it is necessary to maintain National security
• When it is necessary to maintain economic unity
• When it is necessary to establish minimum standards for service rendering
• When it is necessary to prevent unreasonable actions by a province that is prejudicial to interests of another province or the whole country.

Question 3

Explain how the Local government:Municipal Structures Act 117 of 1998 has contributed to planning in SA. [4]

Answer 3

• It set out criteria and procedures to determine municipal boundaries
• It ended when the dermacation board was established.

Question 4

The Local Government Transition Act of 1993(LGTA) was negotiated at The Local Government Negotiating Forum. This Act which aimed to provide revised interim measures with view to restructuring local government in a coordinated and coherent manner. One of its main aims was the implementation of a new three-phase system of Local government. Describe these three phases. [6]

Answer 4

Pre-interim phase - The establishment of the local forums to negotiate the appointment of temporary councils to govern until the first democratic municipal elections.

Interim phase - Envisaged that transitional councils would be established and that elections for these councils would system to be finalised when a collection of laws creating w comprehensive and integrated framework for the system of local government.