Legal opinion on service provision to backyard residents living on private land

One of the largest barriers to service provision to backyard residents living on private land is the long-held belief that the Municipal Financial Management Act (MFMA) renders it is illegal to spend public money on private properties.

To test this belief, Isandla Institute commissioned a legal opinion from a Senior Counsel on the power, authority, and obligations of local governments to provide services to backyard residents living on private land (PDF, 446KB).

The opinion compellingly argues that local governments do indeed have the power, authority, and obligation to provide these services. While complex questions remain about how these services will be rolled out and who they will target, the opinion shifts the conversation and opens space for new approaches.