By Tammy O'Reilly
THE City of Johannesburg's publication of the new by-laws in the Gauteng Provincial Gazette marks the final stage in its quest for a uniform set of laws to govern the city. And it is a step towards establishing a municipal court.
On Friday 21 May, Pieter de Klerk, the co-ordinator of the by-laws, said the new laws were published in the gazette - bringing to an end almost three years of painstaking revision, amendment and approval of the regulations that existed before the city council was restructured.
The process involved input from the public and interest groups.
"First the drafts were drawn up and were amended and approved by the council. These drafts were then published for public comment and analysis. We then took into consideration input from the public and made amendments to the drafts.
"The revised drafts were then further amended and approved by the council," said De Klerk.
The 12 by-laws cover culture and recreation, cemeteries and crematoria, emergency services, encroachment of property, parking grounds, public health, open spaces, street trading, waste management and water services.
The need for a single set of by-laws came with the restructuring of the metro councils in 2000.
"Up till today, the old laws that were in place before the amalgamation of the local municipalities are still being used. Even though the old structures have ceased to exist, their laws are still in place," said De Klerk.
Municipal courts, which will implement the by-laws, are being set up. However, there are a few hurdles before the court has its first sitting.
"The new by-laws first need to be certified by the magistrates of the various magisterial districts in the municipal area of Johannesburg, which could take up to two weeks," said De Klerk. And the Johannesburg Metropolitan Police Department would need to become familiar with the new laws.
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