Local government is the product of the process of urbanization (Du Toit et al., 2006:246).
In certain instances it may true, but local government may also precede urbanisation.
Urbanisation entails:-
(a) Availability of resources such as water;
(b) Presence of useful minerals;
(c) Safety of the community; and (d) Forced or compulsory settlement.
In South Africa, local government is one of the three spheres of government. It is the sphere of government positioned closest to the people. The local government demarcation process established 283 wall-to-wall municipalities across the country. Section 151 establishes municipalities and the status of municipalities.
151. Status of municipalities
1. The local sphere of government consists of municipalities, which must be established for the whole of the territory of the Republic;
2. The executive and legislative authority of a municipality is vested in its Municipal Council;
3. A municipality has the right to govern, on its own initiative, the local government affairs of its community, subject to national and provincial legislation, as provided for in the Constitution;
4. The national or a provincial government may not compromise or impede a municipality’s ability or right to exercise its powers or perform its functions.
It is clear that local government has an important role to play in setting up the agenda for the local development of communities across the country. Local government is the sphere at the bedrock of development.
The sphere of local government is a distinct sphere recognized by the Constitution of the Republic of South Africa (Act 108 of 1996).
Du Toit and van der Walt (2006:250) defines local government as “an institution that the central government has established by law for the residence of a particular area, an institution that has the jurisdiction to exercise legislative authority in an area that has been demarcated by law a competent authority, an heteronomous body which, within the limit of legislation by the central and relevant provincial government, has the powers and authority to provide services and amenities to residents in its area of jurisdiction, to maintain and promote their well being”.
The character of local government endorsed by the Constitution is threefold according to Meyer (1997:7). The characters referred to are:
(a) a local area and a local community formed and kept together by common interest, whether rural, urban or regional;
(b) participation by local community in the government of its local affairs, also referred to as grassroot democracy;
(c ) a local political unit endowed with executive and legislative powers of local government as the third sphere of government, and powers of taxation to control, regulate and develop local affairs and to render local services in a system of cooperative government.(Meyer, 1997:8).
Local government is the bedrock of development and service delivery and, therefore, the most sensitive when it comes to matters affecting communities at grassroots’ level (Bekink, 2006:61). The apartheid system purposely created disproportionate socio- political and economic disparities which discriminated against the majority of the people in the country.
The local sphere of government consists of municipalities, which must be established for the whole of the juristic territory of the Republic of South Africa in what is commonly referred to as wall-to-wall municipal boundaries (Bekink, 2006:65).
2.7.1 THE OBJECTS OF LOCAL GOVERNMENT
The fundamental reasons for the existence of modern day local government are contained in the objects of local government. According to Meyer (1997:9), Section 152 of the Constitution identifies the objects of local government as:-
152. Objects of local government
1. The objects of local government are –
a. to provide democratic and accountable government for local communities;
b. to ensure the provision of services to communities in a sustainable manner;
c. to promote social and economic development;
d. to promote a safe and healthy environment; and
e. to encourage the involvement of communities and community organisations in the matters of local government.
2. A municipality must strive, within its financial and administrative capacity, to achieve the objects set out in subsection (1).
The goal of local government “is to give priority to the basic needs of the community and to promote the social and economic development of the country”(Meyer 1997:55).
In summary, it can be said that local government must bring government closer to the people since it is the sphere of government closest to the people. Local government must display tendencies of being responsive, accountable, transparent and open to public scrutiny.
2.7.2 THE DEVELOPMENTAL DUTIES OF LOCAL GOVERNMENT
South Africa is a developmental state and so is local government. Section 153 of the Constitution subjects local government to developmental duties and in particular the following:-
153 Developmental duties of municipalities A municipality must -
a. structure and manage its administration, and budgeting and planning processes to give priority to the basic needs of the community, and to promote the social and economic development of the community; and
b. participate in national and provincial development programmes.
According to Meyer (1997:55), municipalities must be “developmental” in their approach to service delivery.
To achieve these objectives, municipalities must ensure that proper administrative, financial and planning processes are in place. Such activities must be underpinned by a desire to provide basic needs on the one hand, and eagerness to encourage social and economic development on the other hand.
2.7.3 THE ROLE OF LOCAL GOVERNMENT
In any form of democracy, local government is the sphere of government which is located closest to the community. It is therefore the sphere of government which is in constant contact and in touch with the needs of the communities at grassroots’ level.
There are a number of basic features which identify local government, and they are its geographic existence on one hand, and its politics and the socio-economic dynamics on the other hand.
It follows, therefore, that local authorities are normally created to render services in defined geographical areas. This is primarily because of the inability and constraints of the central government to attend to all the detailed aspects of government. The provision of municipal services has taken centre stage within local government. In addition, local government must assume a developmental approach to the administration of its business.
It is the sphere of government where successes and failures can effectively be exposed. It is the sphere of government where service delivery can be easily felt, ascertained and measured by ordinary people and communities (Reddy, 1996:49).
According to De Beer and Swanepoel (2000: 98), local government is established to achieve certain roles and objectives as will be discussed below.