UNIVERSITY EXAMINATIONS
October/November 2022
LGL3702
Local Government Law
100 Marks
3 Hours
First examiner: Ms A Petersen
Second examiner: Dr D Metuge
THIS PAPER CONSISTS OF 8 (EIGHT) PAGES – INCLUDING INSTRUCTIONS.
Honesty Declaration:
In writing and submitting this paper you affirm that:
1. You understand what academic dishonesty entails and are aware of UNISA’s policies
in this regard.
2. You have not allowed, and will not allow, anyone to copy your work with the intention
of passing it off as his or her own work.
3. You did not make use of another student’s work with or without permission and
submitted it as your own.
PLEASE READ THE FOLLOWING INSTRUCTIONS CAREFULLY BEFORE
ANSWERING THE EXAMINATION QUESTIONS.
1. This is an invigilated examination using “The Invigilator” application. Please use this
QR code:
1.1 You must scan this code before 15:45 on 19
October 2022.
1.2 Students who have not utilised invigilation or
proctoring tools will be deemed to have transgressed
Unisa’s examination rules and will have their marks
withheld.
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2. Unless a student is exempted because of disability or incarceration, students who
have not utilised invigilation or proctoring tools will be deemed to have transgressed
Unisa’s examination rules and will have their marks withheld.
3. The examination question paper counts 100 marks.
4. It consists of 4 (four) questions. Answer ALL of the questions.
5. The duration of the examination is 3 hours. Your answers must be finalised and
submitted via myExams on 19 October 2022 on or before 18:45 (Central African
Time).
6. This is an open-book examination. You may consult your prescribed study material
(Study Guide and E-Reserves) during the examination.
7. Your exam file must be submitted online on the myExams platform.
7.1 When ready to submit, open the Take-Home (Assignment) Assessment
again and click on the Add Submission button.
7.2 Access myExams at https://claw.myexams.unisa.ac.za and login using your
student number and myUnisa password.
7.3 Go to the LGL3702 examination: once you are on the myExams platform,
click on the “myExams” dropdown menu and navigate to the LGL3702 page.
7.4 Once the site has loaded, select the “LGL3702-Exam Oct/Nov 2022” folder
under the Welcome Message.
7.5 Click on “Add submission”
7.6 Check the acknowledgement checkbox and upload your answer document
and then click on the “Save changes” button.
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7.7 Review your submission information regarding the status and click on your
submission file link to check if it is correct.
7.8 If you need to resubmit a file, you click on the “Edit submission” button. Note:
You will need to delete existing files.
7.9 Add your student number and the module code in the file name. That will
assist you to select the correct document to upload during submission.
7.10 You are advised to preview your submission (answer scripts) to ensure
legibility and that the correct answer script has been uploaded.
8. The cover page to your take-home exam must include your name, student number
and the module code.
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9. It is preferred that your take-home exam is typed, however, handwritten submissions
will also be accepted.
10. Whether your answers are typed or handwritten, your submission on the myExams
platform must be made in the form of one PDF document. Only the last file uploaded
and submitted will be marked.
10.1 Your examination answer file will not be marked if:
10.1.1 You submit a password protected or “read-only” file.
10.1.2 You send your examination answer file via email.
10.1.3 You submit the incorrect examination file. (A mark of 0% will be
awarded).
10.1.4 You submit your exam answer file on an unofficial examination
platform.
10.1.5 You submit your examination answer file in the incorrect format.
10.1.6 You submit your examination answer file late.
10.1.7 You submit your answer file from a registered student account that is
not your own.
10.2 The mark awarded for an illegible examination answer file submission will be
your final mark. You will not be allowed to resubmit after the scheduled
closing date and time of the exam.
11. By ticking the Honesty Declaration, you confirm that you have read
(i) the University’s Policy on Copyright Infringement and Plagiarism and
the Student Disciplinary Code,, which are both available on myUnisa:
www.unisa.ac.za/unisarules, and
(ii) the information relating to student values and plagiarism that is found at
https://www.unisa.ac.za/sites/myunisa/default/Study-@-Unisa/Student-values-
and-rules.
12. Students suspected of dishonest conduct during the examinations will be subjected
to disciplinary processes. Students may not communicate with other students, or
request assistance from other students during examinations. Plagiarism is a
violation of academic integrity, and students who do plagiarise or copy verbatim from
published work will be in violation of the Policy on Academic Integrity and the Student
Disciplinary Code and may be referred to a disciplinary hearing. Unisa has a zero
tolerance for plagiarism and/or any other forms of academic dishonesty
13. When answering the take-home exam questions, remember that an open-book
exam is a test at a higher level than the usual type of exam, where memory is tested
as much as insight. In an open-book exam, you need not memorise any information.
You are expected to prove that you can use information, rather than merely repeat
it. In brief, what is being tested is factual knowledge, understanding and the correct
application thereof, not memory skills. For this reason, you do not earn marks by
merely detailing a list of all the information that you think might be relevant to a
particular question. This gives no indication that you know what statutory or other
provisions are applicable in a specific context. You are expected to identify precisely
what information applies, and then explain why you think so. Also, because you have
the guide available when answering questions, we do not give marks for direct
quotations from the guide. You are therefore assessed on your level of
understanding of the legal principles by looking at how well you applied the principles
to the questions.
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14. PLEASE DO NOT CUT AND PASTE ANSWERS FROM THE STUDY GUIDE, E-
RESERVES OR ANY OTHER SOURCE.
15. Ensure that you give reasons for each answer. Substantiate your answers by
referring to ALL of the relevant authorities, e.g. sections from relevant legislation
and/or court cases in the text.
16. A number of students lose marks because they do not approach problem-type
questions correctly. When answering such questions, it is important to first clarify for
yourself the area of work where the answer must be sought. Once you have done
this, set out the relevant legal principles.
Deal only with those principles that relate to the given facts. Next, apply these
principles to the facts. This is where most of the students lose marks - they set out
the law in some detail, but then do not illustrate how it applies to the factual situation
they have been asked to solve. Finally, state your conclusion.
PLEASE NOTE:
If you experience challenges with the Invigilator app, please send a WhatsApp message to
the technical helpdesk on 073 505 8273. Do not contact the lecturers.
For all other exam-related challenges, you may contact the SCSC on 080 000 1870 or e-mail
[email protected] or refer to Get-Help for the list of additional contact numbers.
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QUESTION 1
1.1. Give a short description of the councillors’ code of conduct. (5)
1.2. Discuss the negative external constraints on local government. (6)
1.3. A number of initiatives have been implemented in order to ensure that municipal
government is accountable. Name 5 (five) of these initiatives. (5)
1.4. Municipalities should adopt integrated development plans. Explain the core
components of integrated development plans. (9)
1.5. Examine the foundational values and principles that underlie municipal service
delivery. (5)
[30]
QUESTION 2
Consider this scenario and answer the questions that follow:
Boundless municipality is a municipality with exclusive municipal executive and
legislative authority. The municipal council has elected an executive mayor to
administrate matters within the municipality. The municipality relies on sub-
councils who are responsible for service delivery and other key functions.
Tigre municipality lies within the area of another municipality. Tigre municipality
shares its municipal executive and legislative authority with another
municipality. The executive power of Tigre municipality rests with the municipal
council whose chairperson, the mayor, oversees all executive tasks.
Sunday’s River municipality is a secondary municipality that includes more than
one municipality within its boundary. The municipal council, in this municipality,
delegates its daily tasks and functions to the executive committee. In addition,
a ward committee was established to identify needs and challenges within local
communities and to receive complaints from residents about municipal service
delivery.
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2.1. Indicate the category of each of the abovementioned municipalities and describe
the features of each category as determined in the Local Government: Municipal
Structures Act. (15)
2.2. Fully discuss the types of municipalities (systems of municipal government)
established under Boundless Municipality, Sunday’s River Municipality and Tigre
Municipality. (15)
2.3. The Demarcation Board has determined that the population size within Tigre
municipality has grown so large that providing adequate basic municipal services
is no longer sustainable. The Demarcation Board determines that it would be
better to establish two municipalities in its place. Describe how these
municipalities would be formally established through a so-called “section 12
notice”. (10)
[40]
QUESTION 3
Madzivhandila & Asha note that:
“The literature shows that there is a need to move away from macro-level
development planning and management towards a micro-level people-centred
development approach. Many third world countries have in recent years
decentralised their service delivery mandate to the lowest spheres of
government; that is, the responsibility of promoting and rendering local socio-
economic development and facilitating community participation is done at their
local municipal spheres.”
Write an essay in which you critically analyse the service delivery mandate given to
local municipalities and how municipalities facilitate community participation within this
mandate.
[15]
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QUESTION 4
How should municipalities deal with their financial problems and with misconduct? You
should refer to the relevant provisions in the Local Government: Municipal Finance
Management Act to substantiate your answer.
[15]
TOTAL: {100}
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UNISA 2022
