🎉 Open By-laws turns 10 this year and is now part of Law Library! Read more in our blog post.

Repeal


eThekwini
South Africa

Repeal By-law, 2016

To repeal certain by-laws in the eThekwini Municipality that are unconstitutional, obsolete or invalid as a result of laws enacted since 1994; and to provide for related matters.

Preamble

WHEREAS the Municipality has competence in terms of the section 156(2) of the Constitution of the Republic of South Africa to make and administer by-laws for the effective administration of the matters which it has the right to administer;AND WHEREAS it is necessary for the Municipality to maintain legally sound by-laws within its area of jurisdiction;NOW THEREFORE the Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:

1. Object of the By-law

(1)The object of this By-law is to repeal by-laws containing provisions that are−
(a)discriminatory, whether based on race or gender;
(b)unconstitutional in that they are in conflict with the Constitution of the Republic of South Africa, specifically the provisions relating to the Bill of Rights;
(c)irrelevant to the functioning of the Municipality taking into account the current environment and structure of local government; and
(d)a duplication of the by-laws that have been enacted by ethekwini Municipality since 1996.

2. Repeal of by-laws

The by-laws listed under Schedule A are hereby repealed to the extent indicated in the third column of the said Schedule.

3. Short title and commencement

This By-law is called the eThekwini Municipality: Repeal By-law 2016, and takes effect on the date of publication in the Provincial Gazette.

SCHEDULE A

REPEAL OF BY-LAWS

No.Name of By-lawPublication detailsExtent or repeal
1.Borough of Amanzimtoti: Caravan Park By-LawsPN NO.179 of 1968The Whole
2.Borough of Amanzimtoti : By-laws Relating to the Licensing and Control of DogsPN NO. 165 of 1956The Whole
3.Borough of Amanzimtoti: Parking Ground By-LawsPN NO. 112 of 1986The Whole
4.Borough of Amanzimtoti: Parking Meter By-LawsPN NO. 222 of 1971The Whole
5.Borough of Amanzimtoti: Pound By- LawsPN NO. 165 of 1956Section 4, 7(c), 14, 24, 25, 26, 27 and 30
6.Borough of Amanzimtoti: Road Traffic By-LawsPN NO. 551 of 1970Section 1(f), 4(1), 5, 6(b) & (c), 7, 8(1), 9, 10, 11(1) & (2), 14 to 33, 35(4), 46(3) and 48
7.Borough of Amanzimtoti: Standard By-LawsPN NO. 87 of 1953Section 1 and 9 of Chapter I
8.Assagay Health Committee: General RegulationsPN NO. 528 of 1973\Chapter IX, Section 4 & 5 of Chapter X, 1(3) & (5), 2(a) & (b), 3, 4 & 5 of Chapter XI and Chapter XII
9.Bothas Hill : Health Committee Regulations for the Control of Private Swimming PoolsPN NO. 160 of 1971The Whole
10.Bothas Hill: Health Committee General RegulationsPN NO. 109 of 1948Section 1A of Chapter IX
11.Cato Ridge: Regulations Relating To Camping Grounds And Caravan Parks In The Areas of Jurisdiction of Health CommitteesPN NO. 532 of 1962The Whole
12.Cato Ridge: Health Committee General RegulationsPN NO. 397 of 1955\Chapter VIII: Advertisements, Signs and Sky Signs
13.Cato Ridge: Health Committee Regulations relating to the Keeping of DogsPN NO. 289 of 1989Section 6
14.City of Durban: Animal By-LawsPN NO. 530 of 1984Section 8(3), 8(4), 9(3), 21, 22, 23, 24, and 28
15.Durban Corporation Transport By- LawsPN NO. 112 of 1939Section 18(b)(i) & (ii) and 19
16.City of Durban: Parks and Pleasure Grounds By-LawsPN NO. 136 of 1928The Whole
17.City of Durban: Road Traffic By-LawsPN NO. 614 of 1958Section 4, 6, 7, 11(3) & (4), 12(12), and 13(8)
18.City of Durban: By-Laws Relating to Street CollectionsPN NO. 2 of 1963The Whole
19.City of Durban: By-Laws Relating to Sub-Division of Land and New StreetsPN NO. 36 of 1986The Whole
20.City of Durban: Library TariffsPN NO. 165 of 1995The Whole
21.City of Durban: Tariff of charges in terms of the Refuse Removal By- LawsMN NO. 40 of 1985The Whole
22.City of Durban: Municipal Golf Course: Tariff of ChargesMN NO. 93 of 1981The Whole
23.City of Durban: Tariff of Charges in terms of the Road Traffic By-LawsMN NO. 128 of 1976The Whole
24.City of Durban: Tariff of Charges: Sea and Sea-ShoreMN NO. 106 of 1989The Whole
25.City of Durban: Tariff of Charges for the use of Pools and Ancillary FacilitiesMN NO. 45 of 1989The Whole
26.Everton: Health Committee Road RegulationsPN NO. 396 of 1947Section 2(a)-(e)
27.Gillitts: Emberton Health Committee Regulations Relating to the Keeping of DogsPN NO.353 of 1980Section 3, 8, and 9
28.Gillitts: Town Board Standard BylawsPN NO. 87 of 1953The Whole
29.Hillcrest: Health Committee General RegulationsPN NO. 79 of 1945Section 1 to 10: Control of Roads and Traffic Nuisance
30.Township of Hillcrest :By-laws Relating to The Keeping of Animals and BirdsPN NO.476 of 1987Section 14 and 19(f)
31.Borough of Isipingo: By-laws Relating to the Licensing and Control of DogsPN NO. 165 of 1956The Whole
32.Borough of Isipingo Beach: Miscellaneous ChargesPN NO. 104 of 1954The Whole
33.Borough of Isipingo: Miscellaneous Charges By-LawsPN NO. 544 of 1970The Whole
34.Isipingo Rail Health Committee: Prevention of Malaria and Eradication of MosquitoesPN NO. 368 of 1932The Whole
35.Borough of Isipingo: Road Traffic By- LawsPN NO. 551 of 1970Section 1(f), 4(1), 5, 6(b) & (c), 7, 8(1), 9, 10, 11(1) & (2), 14 to 33, 35(4), 46(3) and 48
36.Isipingo: Standard By-LawsPN NO. 87 of 1953Section 12 of Chapter I
37.Borough of Isipingo / Amanzimtoti: By-Laws relating to the Valuation Roll AppealsPN NO. 174 of 1969The Whole
38.Borough of Isipingo: Tariff of Charges for Services Rendered by the Fire BrigadeMN NO. 83 of 1976.]The Whole
39.Borough of Kingsburgh: Dog Tax By- LawsPN NO. 351 of 1969The Whole
40.Borough of Kingsburg: By-Laws relating to the Keeping of DogsPN NO. 591 of 1978Section 2(iv), 3 and 4
41.Borough of Kingsburg: By-Laws Relating to Parking GroundsPN NO. 122 of 1986The Whole
42.Kingsburg: Standard By-LawsPN NO. 87 of 1953\Chapter XV: By-Laws relating to the establishments and control of Recreational Facilities and Chapter XVII: Library By-laws
43.Kloof Local Administration and Health Board Area: General By-LawsPN NO. 521 of 1938The Whole
44.Township of Kloof: By-Laws relating to the Keeping of Animals and BirdsPN NO.595 of 1966Section 9 and 9A
45.Borough of Kloof: By-Laws Relating to the Keeping of DogsPN NO.442 of 1975Section 3, 8, and 9
46.Borough of Kloof: By-Laws Consolidating Various Miscellaneous MattersPN NO. 279 of 1989\Chapter B
47.Borough of Kloof: Motor Vehicle and Road Traffic Regulation By-LawsPN NO. 547 of 1952Section 3, 5, 6, 14, 17, 24, 25, 26, 31, 32, 34, 38 and 41
48.Borough of Kloof: Standard By-LawsPN NO. 87 of 1953The Whole
49.Borough of Kloof: Subdivision of Land By-LawsPN NO. 607 of 1971The Whole
50.Borough of Kloof Tariff of ChargesMN NO. 112 of 1976The Whole
51.Borough of Kloof Tariff of ChargesMN NO. 51 of 1980The Whole
52.Borough of Kloof Tariff of ChargesMN NO. 280 of 1989The Whole
53.Borough of Kloof Tariff of Charges AmendmentsMN NO. 98 of 1991The Whole
54.Borough of Kloof Tariff of ChargesMN NO. 204 of 1992The Whole
55.Borough of Kloof Tariff of ChargesMN NO. 203 of 1994The Whole
56.Lovu: South Local Council Tariff of ChargesMN NO. 97 of 1997The Whole
57.Lower Illovo Health Committee: Regulations Relating to the Keeping of Animals and DogsPN NO. 78 of 1993Section 7(4) & (5) and 8(3) & (4)
58.Mount Edgecombe Malaria Committee: Regulations Regarding The Prevention of Malaria and Eradication of MosquitoesPN NO. 566 of 1933The Whole
59.Township of Mount Edgecombe :Standard By-LawsPN NO. 87 of 1953Section 12 of Chapter I, Chapter X, Chapter XV, Chapter XVI, Chapter XVII and Chapter XIX
60.Township of New Germany: Dog Licensing By-LawsPN NO. 343 of 1957The Whole
61.New Germany: General By-LawsPN NO.314 of 1947The Whole
62.New Germany Health Committee Motor Vehicle and Road Traffic RegulationsPN NO. 260 of 1951The Whole
63.Borough of New Germany: By-Laws Relating to Public Parks, recreation Grounds and Open SpacesPN NO. 57 of 1971The Whole
64.Borough of New Germany: Keeping of Animals and Birds By-LawPN NO. 395 of 1977Section 10, 12, 13 and 18
65.New Germany Health Committee: Motor Vehicle and Road Traffic RegulationsPN NO. 260 of 1951The Whole
66.Borough of New Germany: Standard By-LawsPN NO. 87 of 1953\Chapter XVII
67.Borough of New Germany: Tariff of ChargesMN NO. 213 of 1987The Whole
68.Borough of New Germany: By-Laws Relating to Public Parks, Recreation Grounds and Open SpacesPN NO. 57 of 1971The Whole
69.Borough of New Germany: Traffic By-LawsPN NO. 134 of 1984Section 25(2), 29, 31, 33, 34, 36, 37, 50, 51, 52, 69, 72, 74, 76, 77, and 79
70.North Local Council: Notice of Charges Relating to the By-laws for Control of Temporary AdvertisingMN NO. 26 of 1998The Whole
71.North Local Council: Tariff of ChargesMN NO. 70 of 1998The Whole
72.Borough of Pinetown: By-Laws Relating to the Keeping, Control and Licensing of AnimalsPN NO.672 of 1981Section 14 of Chapter II, Chapter III and section 30(b) of Chapter VI
73.Borough of Pinetown: By-Laws Consolidating Various Miscellaneous MattersPN NO. 401 of 1982Section 16 , 19 (1)(2) & (3) of Chapter II and Chapter III to Chapter XI
74.Township of Pinetown: Motor and Traffic By-LawsPN NO. 16 of 1948Section 3, 7, 8, 12(g) and 13
75.Borough of Pinetown: Standard By- LawsPN NO. 87 of 1953\Chapter VII: Markets Chapter XIV: By- Laws Relating to Crèches-Cum- Nursery schools for White Children and Chapter XVI: By- Laws Relating to Mobile Home Estates
76.Borough of Pinetown: Tariff of ChargesMN NO. 9 of 1984The Whole
77.Borough of Pinetown: Traffic By- LawsPN NO. 347 of 1982Section 13(1)(a), 14 of Chapter I, Chapter IV, Chapter IX and Chapter X
78.Borough of Queensburgh: Camping Grounds and Caravan Parks By- LawsPN NO.528 of 1972The Whole
79.Borough of Queensburgh: By-Laws Relating to the Consolidation and Subdivision of and Earthworks upon Properties and Matters incidental theretoPN NO.502 of 1984The Whole
80.Borough of Queensburgh: General By-LawsPN NO.297 of 1951Section 13, 14, 16 of Chapter XII, Chapter XXI, Chapter XXIII, Chapter XXIV and Chapter XXVI
81.Borough of Queensburgh: By Laws Relating to the Hire of the Town and/or Other Municipal RoomsPN NO.351 of 1962The Whole
82.Borough of Queensburgh: By-Laws Relating to Public PlacesPN NO. 236 of 1987The Whole
83.Borough of Queensburgh: By Laws Relating to the Keeping of Animals and BirdsPN NO.297 of 1951Section 12 and 17(6)
84.Borough of Queensburgh: By-Laws Relating to the Registration and Regulation of Dairies, Cowsheds, Milk Shops and Milk Dealers and PurveyorsPN NO. 35 of 1986The Whole
85.Borough of Queensburgh: Standard By-LawsPN NO. 87 of 1953The Whole
86.Borough of Queensburgh: Tariffs of ChargesMN NO. 28 of 1987The Whole
87.Saiccor Township Health Committee RegulationsPN NO. 60 of 1957\Chapter VIII: Control of Traffic and Road: Nuisances
88.Southern Local Council: Tariff of ChargesMN NO. 118 of 1996The Whole
89.Township of Tongaat: By Laws Relating to ChaletsPN NO. 54 of 1972The Whole
90.Township of Tongaat: By-Laws relating to Keeping and Licensing of DogsPN NO. 326 of 1984Section 6, 7(d)&(e) and Chapter II
91.Township of Tongaat: Motor Vehicle and Road Traffic RegulationsPN NO. 67 of 1948Section 3, 6, 7, 15(m) ,17, 23 and 39
92.Tongaat: Fraser’s Malaria Committee: Regulations Regarding The Prevention of Malaria and Eradication of MosquitoesPN NO. 572 of 1933The Whole
93.Township of Tongaat: Regulations for The Payment of Fees by Certain Residents of the Urban Bantu Residential AreaPN NO. 286 of 1970The Whole
94.Township of Tongaat: Standard BylawsPN NO. 87 of 1953Section 12 of Chapter I, Section 10 of Chapter VII, Chapter X, Chapter XV, Chapter XVII and Chapter XX
95.Umbogintwini Health Committee: Regulations Relating to the Keeping of DogsPN NO. 36 of 1982Section 3, 8, and 9
96.Borough of Umhlanga: Dog Licensing By-LawsPN NO. 130 of 1975The Whole
97.Borough of Umhlanga: Keeping of Animals and Birds By-lawPN NO. 740 of 1975Section 16(5) & (6)
98.Township of Umhlanga Rocks: Licensing By-LawsPN NO. 508 of 1964The Whole
99.Borough of Umhlanga: Lost Property By-LawsPN NO. 638 of 1973The Whole
100.Borough of Umhlanga: Public Places By-LawPN NO. 384 of 1973The Whole
101.Borough of Umhlanga: By-Laws Relating to the Specification for the Construction of New Roads and Storm water Drainage Serving New Subdivisions of LandPN NO. 384 of 1973The Whole
102.Umhlanga Rocks: Standard By-LawsPN NO. 87 of 1953Section 4,5, 6(b) & (c) , 7,14, 15, 16, 18, 30, 31 of Chapter XIII, Chapter XV and Chapter XVII
103.Borough of Umhlanga Tariff of Charges: Sewerage Scheme Capital ContributionsMN NO. 151 of 1978The Whole
104.Borough of Umhlanga :Town Planning Rezoning Tariff of ChargesMN NO. 2 of 1976The Whole
105.Borough of Umhlanga: By-Laws relating to the Tariff ChargesPN NO.614 of 1973The Whole
106.Township of Umkomaas: By-Laws Relating to ChaletsPN NO. 595 of 1972The Whole
107.Township of Umkomaas: By-Laws Relating to the Licensing of AnimalsPN NO. 5 of 1954The Whole
108.Township of Umkomaas: Standard By-LawsPN NO. 87 of 1953Section 12 of Chapter I
109.Township of Umkomaas: Road Traffic By-LawsPN NO. 240 of 1969Section 4, 5(b) &(c), 8, 15, 16, 19, and 26
110.Township of Umkomaas: Tariff By- Laws(Sewerage and Drainage)PN NO. 526 of 1971The Whole
111.Umkomanzi /Umkomaas Transitional Local Council: Tariff of ChargesMN NO. 52 of 1999The Whole
112.Umkomanzi /Umkomaas Transitional Local Council: Regulations Governing Vehicles on The SeashoreMN NO. 96 of 1999The Whole
113.Borough of Verulam: By Laws Relating to The Control and Licensing of DogsPN NO. 439 of 1982Section 9,10, 11, and 13
114.Township of Verulam: Dog Tax By- LawsPN NO. 473 of 1942The Whole
115.Township of Verulam: General By- LawsPN NO. 287 of 1963\Chapter XIII: Refuse Removal By-Laws, Chapter XXIII: Storage Of Mineral Oil, Spirit And Inflammable Liquid, Petrol Storage Tanks And Pumps, Lubricating Oil And Air Pumps; and Chapter XXXI
116.Township of Verulam: Standard By- LawsPN NO. 87 of 1953Section 4, 5, 6(b) & (c), 7, 14, 15, 16, 18, 30, 31, 33 of Chapter XIII and Chapter XVII
117.Borough of Verulam: Tariffs: LibraryMN NO. 80 of 1979The Whole
118.Borough of Verulam: Tariff of Charges AmendmentsMN NO. 211 of 1989The Whole
119.Crestholme-Waterfall Health Committee: Public PlacesPN NO. 18 of 1963The Whole
120.Widenham Health Committee: General RegulationsPN NO.382 of 1958\Chapter VIIIA: Advertisements, Signs and Sky Signs
121.Widenham Health Committee: Regulations Relating to the Keeping of DogsPN NO.638 of 1984Section 5
122.Widenham Health Committee: Tariff RegulationsPN NO. 221 of 1991The Whole
123.Urban Bantu Council No.79 of 1961: City of DurbanPN NO.630 of 1967The Whole
124.Borough of Westville: By-Laws Relating to the Keeping and Licensing of DogsMN NO. 180 of 1994Section 9 &10 of PART A and PART B
125.Borough of Westville: Standard By- LawsPN NO. 87 of 1953\Chapter XVII: Library By-Laws
126.Borough of Westville: Tariffs of ChargesMN NO. 148 of 1977The Whole
127.Borough of Westville: Tariffs of ChargesMN NO. 76 of 1982The Whole
128.Borough of Westville: General By- Laws: Tariff ServicesPN NO. 30 of 1957The Whole
129.Western Council: Kloof Entity: Tariff of ChargesMN NO. 76 of 1995The Whole
130.Western Transitional Metropolitan Substructure Council: Administrative Entity of Hillcrest, Sewerage TariffMN NO. 38 of 1996The Whole
131.Yellow Wood Park Health Committee: Regulations Relating to the Keeping of Animals and BirdsPN NO. 337 of 1980Section 8(4) & (5) and 9(3)
▲ To the top

History of this document

04 August 2016 this version
22 June 2016
Assented to