eThekwini
South Africa
South Africa
Accommodation Establishments By-law, 2022
- Published in Provincial Gazette 2467 on 27 October 2022
- Commenced on 27 October 2022
- [This is the version of this document from 27 October 2022.]
Preamble
WHEREAS the eThekwini Municipality has legislative and executive competence relating to municipal planning and land use management within its area of jurisdiction;NOW THEREFORE the Municipal Council of the eThekwini Municipality, acting in terms of section 156 read with Schedule 4 Part B of the Constitution of the Republic of South Africa, 1996, read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:Chapter 1
Interpretation
1. Definitions
In this By-law, unless the context indicates otherwise—"accommodation establishment" means any premises in or upon which the business of providing overnight lodging, accommodation or shelter with or without meals and whether or not for reward, is conducted, including hostels but excluding—(a)a home for the aged which is registered as such in terms of the Older Persons Act;(b)premises controlled by the Department of Correctional Services or the South African Police Services for the purposes of accommodating persons arrested, detained or convicted, as the case may be, as contemplated in the Criminal Procedure Act.(c)residences; and(d)hotels;"authorised official" means a person authorised to implement the provisions of this By-law, including but not limited to—(a)peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);(b)municipal or metropolitan police officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995); and(c)such employees, agents, delegated nominees, representatives and service providers of the Municipality as are specifically authorised by the Municipality in this regard: Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer;"Constitution" means the Constitution of the Republic of South Africa, 1996;"certificate" means an accommodation establishment certificate issued for the operation of an accommodation establishment as contemplated in section 5(1);"certificate holder" means the person in whose name a certificate contemplated in section 5 has been issued;"Criminal Procedure Act" means the Criminal Procedure Act, 1977 (Act No.51 of 1977);"disaster" means a progressive or sudden, widespread or localised natural or humancaused occurrence which—(a)causes or threatens to cause—(i)death, injury or disease;(ii)damage to property, infrastructure or the environment; or(iii)disruption of the life of a community; and(b)has caused or necessitated the taking of urgent measures to accommodate people displaced by such occurrence;"Facilities Regulations" means Facilities Regulations made in terms of the Occupational Health and Safety Act, published under GNR. 924 of 3 August 2004;"Municipality" means the eThekwini Municipality, a category A Municipality as contemplated in section 155(1) of the Constitution;"Municipal Council" means the eThekwini Municipal Council, a municipal council as contemplated in section 157(1) of the Constitution, and "Council" has a corresponding meaning;"Municipal Manager" means a person appointed in terms of section 54A of the Municipal Systems Act, 2000 (Act No. 32 of 2000) as the head of administration of the Municipal Council;"National Building Regulations" means the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977);"nuisance" means—(a)any conduct or behaviour by any person;(b)the use, keeping, producing, by-producing, harbouring of, or otherwise dealing with or in, as the case may be, any item, substance, matter, material, equipment, tool, vegetation or animal; or(c)the causing, creating or permitting of any situation or condition, in or on the premises, which causes or is likely to cause damage, annoyance, inconvenience or discomfort to the public or to any person, in the exercise of rights common to all or of any person;"Occupational Health and Safety Act" means the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993);"Older Persons Act" means the Older Persons Act, 2006 (Act No.13 of 2006);"overcrowding" refers to the situation where the number of people in a space exceeds the allowable numbers in terms of the certificate;"owner" in respect of the premises, means the—(a)person in whose name the premises are registered with the Registry of Deeds;(b)the purchaser of the premises, whether or not the premises have been registered in the purchaser's name;(c)person in control of the premises;(d)usufructuary, if the premises are subject to a usufruct;(e)occupier, tenant or user of the premises;(f)authorised agent, assignee, curator, executor, judicial manager, legal representative, liquidator or trustee, as the case may be, of any person contemplated in paragraphs (a) to (d); or(g)the person who receives or who is entitled to receive the benefit of the premises, if the Municipality is unable to establish the identity of any of the persons contemplated in paragraphs (a) to (e);"premises" means the land and the buildings on it used or to be used as an accommodation establishment;"prospective holder" means the new owner or operator of an accommodation establishment in whose name the certificate may be transferred as contemplated in section 6; and"residence" means the premises on which any natural person dwells or is entitled to dwell more than on a one-off basis at any given time, whether or not such person has one or more such premises or shares the premises with another person or persons, which are occupied or available to be occupied, as a private dwelling or mainly for private dwelling purposes but excluding an accommodation establishment.2. Interpretation
In the event of a conflict in interpretation between the English version of this By-law and a translated version, the English version prevails.Chapter 2
Objects of By-law
3. Objects of By-law
The objects of this By-law are to ensure that all accommodation establishments located within the area of jurisdiction of the Municipality are managed and operated in manner that—Chapter 3
Application
4. Application of By-Law
Chapter 4
Operating an accommodation establishment
5. Certificate to operate an accommodation establishment
6. Transfer of certificate
7. Suspension or revocation of certificate
8. Period of validity of certificate
9. Requirements for premises
10. Display of certificate on premises
The owner or the person in charge of the premises must at all times display the original valid certificate issued in terms of this By-law in the office, reception or in the entrance area of the premises, in such a manner that it is clearly visible to any member of the public or authorised official upon entering such premises.Chapter 5
Enforcement
11. Compliance notice
12. Powers of entry and inspection
13. Municipal remedial work and recovery of costs
The Municipality may, to the extent practicable and necessary, act in order to avert or remedy any harm as a result of non-compliance with the provisions of this By-law or any other applicable By-law or legislation and may recover any associated costs from the owner or the person in control of the premises.14. Non-liability of Municipality
The Municipality is not liable for any harm, damage or loss suffered or incurred by any person as a result of it acting in terms of this By-law.Chapter 6
Offences and penalties
15. Offences
16. Penalties
Chapter 7
General provisions
17. Appeals
18. Delegations
19. Transitional arrangement
20. Repeal of laws
The laws mentioned in the first and second columns of the Schedule to this By-law are hereby repealed to the extent set out in the third column of the said Schedule.21. Short title and commencement
This By-law is called the eThekwini Municipality: Accommodation Establishments By-law, 2022 and takes effect on the date of the publication thereof in the Provincial Gazette.History of this document
27 October 2022 this version
Published in Provincial Gazette 2467
Commenced