BYLAWS Bylaws Municipalities are responsible for governance Municipalities

BYLAWS

Bylaws • Municipalities are responsible for governance • Municipalities need instruments to govern • Bylaws are governance instruments • Bylaws are laws managed by municipalities • A municipality make bylaws on any matter it has the need to regulate • A municipality derives its bylaw making power from provincial law • A municipality can make bylaws even if a national act regulates the same matter

Bylaws • The bylaw making powers are determined by the Constitution and national law • Section 156(2) of the Constitution states that a municipality make and administer bylaws for the effective administration of the matters which it has the right to administer • Municipalities incur duties from the rights of people entrenched in the Bill of Right • A municipal bylaw is as much “law” as any other legislation in South Africa. There is no hierarchy in terms of the importance or relevance of the law

Bylaws – Steps in the Process • A draft by-law is prepared by a councillor or a committee of the council • The council must consult with the community with regard to the draft bylaw • It must as least publish for comment • The bylaw is introduced and debated by the council • The municipal council votes on the bylaw • If passed by the Council, the bylaw is published in a Provincial Gazette and becomes law on that date or a later date set in the by-law

Bylaws – Steps in the Process • For a council to pass a bylaw the majority of councillors must vote in favour of it i. e. 50 % plus one of all the elected councillors must vote for the by-law • The first drafts of these by-laws were published for comment in 2013 and 2016 • The recent publications are the amendments to those drafts after comment. Council is not obliged to accept all further comments. They are entitled to disregard comments

Section 9 of the Constitution • Everyone is equal before the law and has the right to equal protection and benefit of the law • Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination • No state may not discriminate directly or indirectly against anyone on none or more grounds, including race, gender, sex ………………. • No person may unfairly discriminate directly or indirectly against vanyonevon one or more of those grounds in terms of subsection (3) • National legislation must be enacted to prevent or prohibit unfair discrimination