Corruption and accountability in local government in south africa: the current status quo under section 139 intervention

South Africa woke from its political doldrums in the 1990s through the transition negotiations and ultimately in 1994 after the first-ever democratic elections. Significant reforms were made by the government (the African National Congress) from this period to alter the socio–economic policies of the past emanating from all spheres of government. Local government became a vital mechanism post-1994, driven by the fact that the majority black population was based in former homelands created by the National Party (NP) through various apartheid policies. Local government, or municipalities, became the watchword for most policy documents because this level of government would be closest to the people. However, while many development policies have been undertaken in South Africa’s 29-year democratic history at the local government level, over the past two decades, corruption in various forms has taken centre stage in most South African municipalities. With no accountability, some municipalities have thus been placed under administration through section 139. Driven by a qualitative research methodology, this article addresses the current status quo of South African municipalities, inquiring whether section 139 has been a viable intervention to alter municipal performance, and what accountability mechanisms have emerged from this.

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Published
2025-01-01
DOI
https://doi.org/10.5117/pule2025.1.009.mlam
Primary Topic
Legal Issues in South Africa
Type
article
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article

Corruption and accountability in local government in south africa: the current status quo under section 139 intervention

Daniel N. Mlambo
Legal Issues in South Africa
article

Corruption and accountability in local government in south africa: the current status quo under section 139 intervention

Daniel N. Mlambo
article en

Abstract

South Africa woke from its political doldrums in the 1990s through the transition negotiations and ultimately in 1994 after the first-ever democratic elections. Significant reforms were made by the government (the African National Congress) from this period to alter the socio–economic policies of the past emanating from all spheres of government. Local government became a vital mechanism post-1994, driven by the fact that the majority black population was based in former homelands created by the National Party (NP) through various apartheid policies. Local government, or municipalities, became the watchword for most policy documents because this level of government would be closest to the people. However, while many development policies have been undertaken in South Africa’s 29-year democratic history at the local government level, over the past two decades, corruption in various forms has taken centre stage in most South African municipalities. With no accountability, some municipalities have thus been placed under administration through section 139. Driven by a qualitative research methodology, this article addresses the current status quo of South African municipalities, inquiring whether section 139 has been a viable intervention to alter municipal performance, and what accountability mechanisms have emerged from this.

Tshwane University of Technology (ZA)
Peace, Justice and strong institutions
Openalex Percentile: Top 70%
Legal Issues in South Africa
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