A municipality's constitutional obligation to promote local economic development for the benefit of its disadvantaged communities
- Authors: Maleka, Witker Selaelo
- Date: 2012-09-13
- Subjects: South Africa - Economic conditions , Local government - South Africa , Community development - South Africa , Street vendors - South Africa - Soweto , Street vendors - Government policy - South Africa , Street vendors - Legal status, laws, etc. - South Africa
- Type: Thesis
- Identifier: uj:10350 , http://hdl.handle.net/10210/7713
- Description: M.A. , In terms of the Constitution, municipalities have a mandate to govern, to provide services and to promote social and economic development. Several pieces of legislation enhance the developmental role of local government, such as the Development Facilitation Act, 1995 (Act 67 of 1995) empowering municipalities to establish statutory land development objectives setting out a clear approach to land development for each municipality. The objects of local government as stipulated in section 152 of the Constitution of the Republic of South Africa , serve as a guideline in fulfilling its role and functions. The Integrated and Development Plan approach is more appropriate in facilitating efficiency and effectiveness in municipalities. Several provinces have passed regulations requiring that the land development objectives also cover economic development goals.The Department of Provincial and Local Government (DPLG) is compelled by law to use the Integrated Development Planning (IDP) and this is likely to shape the actions of local government in implementing policies intended to reduce poverty and inequality. A municipality must structure and manage its administration and planning process to give priority to the basic needs of the community and to promote the social and economic development of the community, according to the Constitution of the Republic of South Africa. Only when the majority of the citizens receive at least a lifeline supply of basic-need services and goods, can equity be achieved. This study focuses on the City of Johannesburg's constitutional obligation to promote local economic development. The study is limited in this way to make it more manageable. This area is selected on the basis that there is a diversity of people whose economic levels are highly different and therefore there is a need for LED. A municipality's approach to street traders in, for example, former Black township areas, is likely to be quite different to approaches in CBDs. The study is mainly a historical study of both published literature and unpublished material concerning municipalities' constitutional obligations to promote LED. The study is trying to pin down facts, and identify trends, in a rapidly changing environment.
- Full Text:
- Authors: Maleka, Witker Selaelo
- Date: 2012-09-13
- Subjects: South Africa - Economic conditions , Local government - South Africa , Community development - South Africa , Street vendors - South Africa - Soweto , Street vendors - Government policy - South Africa , Street vendors - Legal status, laws, etc. - South Africa
- Type: Thesis
- Identifier: uj:10350 , http://hdl.handle.net/10210/7713
- Description: M.A. , In terms of the Constitution, municipalities have a mandate to govern, to provide services and to promote social and economic development. Several pieces of legislation enhance the developmental role of local government, such as the Development Facilitation Act, 1995 (Act 67 of 1995) empowering municipalities to establish statutory land development objectives setting out a clear approach to land development for each municipality. The objects of local government as stipulated in section 152 of the Constitution of the Republic of South Africa , serve as a guideline in fulfilling its role and functions. The Integrated and Development Plan approach is more appropriate in facilitating efficiency and effectiveness in municipalities. Several provinces have passed regulations requiring that the land development objectives also cover economic development goals.The Department of Provincial and Local Government (DPLG) is compelled by law to use the Integrated Development Planning (IDP) and this is likely to shape the actions of local government in implementing policies intended to reduce poverty and inequality. A municipality must structure and manage its administration and planning process to give priority to the basic needs of the community and to promote the social and economic development of the community, according to the Constitution of the Republic of South Africa. Only when the majority of the citizens receive at least a lifeline supply of basic-need services and goods, can equity be achieved. This study focuses on the City of Johannesburg's constitutional obligation to promote local economic development. The study is limited in this way to make it more manageable. This area is selected on the basis that there is a diversity of people whose economic levels are highly different and therefore there is a need for LED. A municipality's approach to street traders in, for example, former Black township areas, is likely to be quite different to approaches in CBDs. The study is mainly a historical study of both published literature and unpublished material concerning municipalities' constitutional obligations to promote LED. The study is trying to pin down facts, and identify trends, in a rapidly changing environment.
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Extending labour law protection to informal traders
- Authors: Letsiri, Katleho
- Date: 2020
- Subjects: Labor laws and legislation - South Africa , Street vendors - Legal status, laws, etc. - South Africa , Informal sector (Economics) - Law and legislation - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/413545 , uj:34843
- Description: Abstract: The world of work is constantly changing and the notion of “work” itself is no longer what it used to be. Factors such as globalisation, increased international competition and technological advancements have led to the emergence of new forms of work and new empirical realities to the world of work. Furthermore, the informal economy is rapidly growing – thus creating a parallel economy to that of the formal economy. In developing countries such as South Africa, work in the informal category is becoming the norm rather than the exception. A large proportion of workers in this category comprises of women workers from previously disadvantages groups. This indicates linkages between work in the informal economy and factors such as poverty and gender inequality. Informal economy workers are often not recognised as “workers”, are primarily characterised by a lack of labour and social protection and are often referred to as being part of the unorganised sector due to being unrecognised and unregulated. These workers are specifically excluded from labour law protection, as such legislation primarily applies to workers in formal workplaces and requires an identifiable employer-employee relationship. This is why labour law is considered to be in crisis. It is failing to protect this particularly vulnerable category of workers. The larger the informal economy becomes, the greater the need for protection. It is therefore imperative that labour law protection be extended to these workers. It is, however, insufficient to simply extend the traditional-employment regulatory framework to informal economy workers. What is required is the development of an equally effective means of regulation that is innovative and tailored to the specific needs of workers in this category. This minor dissertation focuses on informal traders as workers in the informal economy who lack labour law protection. These workers face a number of challenges because of their nonrecognition as workers. They work in extremely adverse conditions due to inadequate infrastructure, while the current framework governing informal traders in South Africa is fundamentally fragmented and are punitive, rather than enabling, in nature. Although it is imperative that labour law protection be extended to these workers, this cannot be done without the development of enabling legislation specific to informal traders. Worker organisation is of significant importance in this regard as it will promote awareness of labour rights, as well as decent work. Additionally, this study considers the position of informal traders in the foreign jurisdiction of India in order to establish best practices with regard to these workers. , LL.M. (Labour Law)
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- Authors: Letsiri, Katleho
- Date: 2020
- Subjects: Labor laws and legislation - South Africa , Street vendors - Legal status, laws, etc. - South Africa , Informal sector (Economics) - Law and legislation - South Africa
- Language: English
- Type: Masters (Thesis)
- Identifier: http://hdl.handle.net/10210/413545 , uj:34843
- Description: Abstract: The world of work is constantly changing and the notion of “work” itself is no longer what it used to be. Factors such as globalisation, increased international competition and technological advancements have led to the emergence of new forms of work and new empirical realities to the world of work. Furthermore, the informal economy is rapidly growing – thus creating a parallel economy to that of the formal economy. In developing countries such as South Africa, work in the informal category is becoming the norm rather than the exception. A large proportion of workers in this category comprises of women workers from previously disadvantages groups. This indicates linkages between work in the informal economy and factors such as poverty and gender inequality. Informal economy workers are often not recognised as “workers”, are primarily characterised by a lack of labour and social protection and are often referred to as being part of the unorganised sector due to being unrecognised and unregulated. These workers are specifically excluded from labour law protection, as such legislation primarily applies to workers in formal workplaces and requires an identifiable employer-employee relationship. This is why labour law is considered to be in crisis. It is failing to protect this particularly vulnerable category of workers. The larger the informal economy becomes, the greater the need for protection. It is therefore imperative that labour law protection be extended to these workers. It is, however, insufficient to simply extend the traditional-employment regulatory framework to informal economy workers. What is required is the development of an equally effective means of regulation that is innovative and tailored to the specific needs of workers in this category. This minor dissertation focuses on informal traders as workers in the informal economy who lack labour law protection. These workers face a number of challenges because of their nonrecognition as workers. They work in extremely adverse conditions due to inadequate infrastructure, while the current framework governing informal traders in South Africa is fundamentally fragmented and are punitive, rather than enabling, in nature. Although it is imperative that labour law protection be extended to these workers, this cannot be done without the development of enabling legislation specific to informal traders. Worker organisation is of significant importance in this regard as it will promote awareness of labour rights, as well as decent work. Additionally, this study considers the position of informal traders in the foreign jurisdiction of India in order to establish best practices with regard to these workers. , LL.M. (Labour Law)
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