The set of Standard by-laws was promulgated by the MEC for COGTA on 9 December 2011.
A Municipal Council may now in terms of section 12(4)(b) of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) by reference adopt any or all of these standard by-laws as by-laws of the Council.
Should a Municipal Council consider adopting any of these standard by-laws, it may adapt and alter the text or make changes to the text the Council deems fit, as long as it is not unconstitutional or in conflict with national or provincial legislation.
It is not necessary to publish the contents (complete text) of any standard by-law in the Provincial Gazette as with the normal draft by-laws as the MEC has already published these texts.
Section 12 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000) applies.
- Only a member or committee of a municipal council may introduce a draft by-law in the council.
The Council must inform the Municipal Manager of:
- which standard by-laws it will adopt, indicate amendments it wants to implement if any, and request the Municipal Manager to publish a notice for public comment in the Provincial Gazette for a period of 21 days indicating the proposed amendments.
- The Municipal Manager may on the date of publication of the Notice calling for public comment in the Gazette publish the same notice in the local press and must on that day post copies of the notice on all notice boards in the jurisdiction of the Council. (This notice must also indicate which standard by-laws will be discussed, on which dates and the times and the venues where community meetings will be held.)
- A complete record must be kept of the procedures and comments made at these public participation meetings as it will be needed if the by-law should in future be contested in court.
- After the completion of the public participation, the Municipal Manager or Executive Committee or the Executive Mayor as the case may be, must compile a report to Council on all changes proposed by the community which the Council must consider at its next meeting.
- The Council at its next meeting must consider the report of the Municipal Manager or Executive Comittee or Executive Mayor as the case may be and decide which recommendations made by the public to accept or reject. This and the reasons for rejection must clearly be minuted.
- The council may then adopt the by-law by resolution and instruct the Municipal Manager to publish a notice to this effect in the next Provincial Gazette. This by-law of the Council will only become operative on the day the Notice is published or a later day as determined by Council.
- A Council with an Executive Committee or Executive Mayor must follow the procedures prescribed in Section 30 (5)(a) of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998).