What is standard draft by-law?
What is standard draft by-law?
What is a standard draft by-law?
South African law makes provision for ways in which to support the by-law-making function of municipalities. The National Environmental Management Act 107 of 1998 makes provision for so-called "model environmental management by-laws" (s 46) whilst the Local Government: Municipal Systems Act 32 of 2000 (s 14(1)) makes provision for "standard draft by-laws". These are two very valuable blueprint-type instruments that function much in the same way to assist municipalities that often do not have the in-house skills, resources or capacity to draft their own by-laws.
A standard draft by-law may best be described as by-laws regulating any matter for which municipal councils may make by-laws, but that is (initially) published by the Minister or MEC responsible for local government and organised local government. In other words, standard draft by-laws are "by-laws" developed and published by national or provincial government for municipalities to decide to amend and adopt, if they wish. There is no provincial or national interference with local government law-making authority in this instance to the extent that a standard draft by-law merely serves as an example by-law which every municipal council is free to make use of for purposes of its own by-law-making process. A municipality is at liberty to decide not to use a standard draft by-law at all.
How does a standard draft by-law work?
How does a standard draft by-law work?
How does a standard draft by-law work?
A standard draft by-law or an amendment of such a by-law is applicable in a municipality only if afterwards adopted by the council of that municipality. Notably, national or provincial level repeal of a standard draft by-law after it has been adopted by a municipality does not affect the continuation of that by-law in the municipality.
When a municipality gets access to a standard draft by-law of any kind, it would typically have to follow all of the detailed steps for the development, adoption and promulgation of a by-law as prescribed in the Local Government: Municipal Systems Act 32 of 2000 (ss 12, 13 and 15). The Act has detailed prescriptions with regard to the process for the introduction of a draft by-law in council and publication of the by-law for public input, for example.
This means that should a municipal department, official or councillor decide to make use of the example by-law that is provided on this website, it would not be able to go straight to council with the text and to have it adopted as is. In fact, municipalities are strongly encouraged to develop environmental management and any other by-laws that are a hundred percent suited for local conditions and local capacities. It is further important to remember that an environmental management by-law would only serve its intended purposes if it can be implemented and enforced by a municipality. Law (a by-law) on paper is of very little relevance or use.
Standard draft (blueprint) “Environmental Management By-law”
(free to download and amend)
Standard draft (blueprint) “Environmental Management By-law”
(free to download and amend)