Ekurhuleni Local Laws

A By-law is a set of rules or legislation passed by the council of a municipality to regulate matters it is authorised to administer within its area of jurisdiction. A municipality derives the powers to pass a by-law from the Constitution of the Republic of South Africa, which gives certain specified powers and competencies to local government.

The various departments where By-laws regulating matters within their field of responsibility have been passed are responsible for the enforcing of the by-laws and policies in conjunction with the Department of Community Safety in terms of delegated authority from the Council.

In terms of the Constitution of the Republic of South Africa a municipality has exclusive municipal executive and legislative authority in its area of jurisdiction to inter alia pass and administer By-laws for the effective administration of matters that it has the right to administer and for its own internal proceedings and arrangements. All the By-laws applicable in the Ekurhuleni Metropolitan Municipality are listed in a register called the Municipal Code.

1. A need for regulatory measures of a municipal responsibility is identified and a By-law is drafted;
2. A report detailing the identified need and the draft By-law is submitted to Council for principle approval;
3. The department that drafted the By-law embark on a comprehensive public participation process – involving all stakeholders and the general community;
4. A legal process is also followed where public comment on the By-laws is invited – any objections received must be considered by Council;
5. A final report is submitted to Council for passing of the By-law by majority vote;
6. The approved By-law is promulgated in the Provincial Gazette on which date or a later date as determined in the By-law, it becomes enforceable in the municipal area of Ekurhuleni.

The By-Laws adopted since 6 December 2000 by the Ekurhuleni Metropolitan Municipality as well as some of the By-Laws of the disestablished Municipalities in place prior to 6 December 2000 which are still in force, are listed in the Municipal Code.

The jurisdiction of each By-Law is indicated next to its listing in the Municipal Code.

The By-Laws contained in the Municipal Code, are only amended and/ or updated once passed by Council and promulgated in terms of Sections 11, 12 and 13 of the Local Government: Municipal Systems Act, read with Section 7 of the Rationalisation of Local Government Affairs Act.