Open AccessRECONSIDERING THE PRIVILEGES AND IMMUNITIES OF MUNICIPAL COUNCILS
Author(s) -
Mbuzeni Mathenjwa
Publication year - 2015
Publication title -
obiter (port elizabeth. online)/obiter (port elizabeth)
Language(s) - English
Resource type - Journals
eISSN - 2709-555X
pISSN - 1682-5853
DOI - 10.17159/obiter.v36i3.11595
Subject(s) - parliament , constitution , legislature , political science , privilege (computing) , law , legislation , power (physics) , public administration , politics , physics , quantum mechanics
Privileges and immunities of elected assemblies protect freedom of speech andpromote vigorous debates in these assemblies. South Africa is ahead of the UnitedKingdom (UK) and Canada regarding the law on privileges of municipal councils, inthat municipal councils in South Africa enjoy absolute privilege, whereas in the UKand Canada they enjoy qualified privileges. Yet, the absolute privilegenotwithstanding, the law regarding privileges of municipal councils is not precise orclearly stated. The Constitution entrusts Parliament with the power to provide for aframework, and – to give content to this – provincial legislatures with the power toprovide for privileges and immunities in municipal councils. However, it does notprovide minutiae and details on the nature and extent of such privileges andimmunities. The provision of municipal privileges by fragmented provincial legislationmay result in disparity in municipal councils. Freedom of speech may require uniformlegislation that applies across the nation. Thus, the Constitution should be amendedto entrust Parliament to provide for uniform legislation on the privileges of municipalcouncils.