Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 3 : Municipal Functions and Powers14. Standard draft by-laws |
| (1) |
| (a) | The Minister, at the request of organised local government representing local government nationally, or after consulting the MECs for local government and organised local government, may by notice in the Gazette— |
| (i) | make standard draft by-laws concerning any matter, including standard draft rules and orders referred to in section 160(6) of the Constitution, for which municipal councils may make by-laws; and |
| (ii) | amend any standard draft by-laws made in terms of subparagraph (i). |
| (b) | Before making any standard draft by-laws or amendment in terms of paragraph (a), the Minister must— |
| (i) | publish the proposed standard draft by-laws or amendment in the Gazette for public comment; and |
| (ii) | consult the Cabinet member concerned if those standard draft by-laws or amendment affect that Cabinet member's area of responsibility. |
| (2) |
| (a) | An MEC for local government, on request by organised local government: representing local government in the province, or after consulting the Minister and organised local government, may by notice in the Provincial Gazette— |
| (i) | make standard draft by-laws concerning any matter for which municipal councils in the province may make by-laws; and |
| (ii) | amend any standard draft by-laws made in terms of subparagraph (i). |
| (b) | Before making any standard draft by-laws or amendment in terms of paragraph (a), the MEC must |
| (i) | publish the proposed standard draft by-laws or amendment in the Provincial Gazette for public comment; and |
| (ii) | consult the MEC concerned if those standard draft by-laws or amendment affect that MEC's area of responsibility. |
| (3) |
| (a) | A standard draft by-law or an amendment of a standard draft by-law is applicable in a municipality only if, and to the extent and subject to any modifications and qualifications, adopted by the council of that municipality. |
| (b) | The repeal of a standard draft by-law after it has been adopted by a municipality 3 does not affect the continuation of that by-law in that municipality. |
| (4) | If a municipal council intends to adopt a standard draft by-law with or without any modifications or qualifications, it must follow the procedure set out in section 12 (3) and, after adoption, publish the by-law in accordance with section 13. |