Mediation and the Structural Interdict as Legal Options to Resolve Service Delivery Failures in South Africa

Bibliographic Data

ID16766823
AuthorsJohandri Wright (University of the Western Cape, corresponding author)
Year2024
Volume68
Issue3
Pages379-393
Publication date2024-10-01
Open AccessYes
TypeARTICLE
VenueJournal of African Law (JOURNAL)
Journal identifiersISSN: 0221-8553 • E-ISSN: 1464-3731
PublisherCambridge University Press (PUBLISHER • US)
DOI10.1017/s0021855324000172
OpenAlexW4396959730
LanguageEN
References cited9

South African municipalities are entrusted to perform various functions, including providing basic services to communities. Recently, the auditor-general has raised concern about municipalities’ overall functionality and ability to fulfil their obligations. Municipalities’ service delivery failures have led to disputes between them and their communities. Moreover, South African courts have drawn attention to the impact of service delivery failures and described their catastrophic and devastating effects on communities and their local economies. In addition, it is said that the consequences of these municipal failures are more severe for the communities than any other stakeholder. For this reason, communities require legal options to resolve such disputes. This article puts forward two legal options (and potentially a third) to which communities can turn. The article examines mediation and structural interdicts and argues why these options are suitable methods for resolving disputes between a community and its municipality

Business · Mediation · Political science · Corporate Insolvency and Governance · Law · Legal Issues in South Africa

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