A Legal Analysis of Local Government's Housing Roles, Powers, Functions and Responsibilities in South Africa

Opis

This article undertakes a comprehensive legal analysis of local government’s housing roles, powers, functions and responsibilities in South Africa. It outlines the place and role of local government in South Africa’s constitutional framework of multi-level governance and the decentralisation of housing powers to local government. Although the functional area of housing is listed as a ‘concurrent competency’ of the national and provincial spheres of government in terms of Part A of Schedule 4 of the constitution, local government still has significant housing roles and responsibilities emanating from court judgments and national legislation. Primarily, these roles and responsibilities are conferred by the Housing Act 107 of 1997, the Social Housing Act 16 of 2008, and other relevant legislation. Virtually, all municipalities may exercise attendant housing powers. Depending on the ability to demonstrate the capacity to administer one of the housing programmes, municipalities may ultimately be assigned to fulfil the housing functions or powers on behalf of provinces. Using a desktop-based qualitative research approach, the article employs documentary analysis…

Opis sa Zenodo, skraćen.

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