Municipal focus

Prior to the Constitution of the Republic of South Africa of 1996 and preceding the transition to democratic local government, local authorities, as they were then known, were mere creatures of statute created by provincial governments. Although the different provincial ordinances led to a variety of procedures, structures and processes, the municipalities, established in terms of the ordinances had a common feature. Because of their lack of constitutional status, they were creatures of statute, and possessed only such rights and powers as was specifically or impliedly granted to them by the legislature. It rendered all their actions, including the passing of by-laws, administrative actions, subject to judicial review. Municipalities, it can be said, thus existed at the mercy of the provinces.