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This is the latest version of this By-law.
Museums By-law, 2016
- Published in KwaZulu-Natal Provincial Gazette no. 1492 on 17 September 2015
- Assented to on 24 June 2015
- Commenced on 17 March 2016
- [Up to date as at 7 August 2020]
PreambleWHEREAS the Municipality recognises the contribution that museums make to preserving and developing art and objects of natural, historical, scientific, artistic or cultural importance; WHEREAS the Municipality has competence in terms of Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996, to control local amenities; AND WHEREAS the eThekwini Municipality has competence, in terms of section 156 (2) of the Constitution of the Republic of South Africa, 1996, to make and administer By-laws for the effective administration of the matters which it has the right to administer; and NOW THEREFORE the eThekwini municipal council, acting in terms of section 156 read with Part B of Schedule 5 of the Constitution of the Republic of South Africa, 1996, 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. DefinitionsIn this By-law, unless the context indicates otherwise – "art" means items of visual art including, but not limited to, ceramics, sculptures, drawings, paintings, prints, designs, crafts, photography and videos; "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; "collection" means a collection of art, museum objects, specimens and any exhibition for display or research purposes; "Constitution" means the Constitution of the Republic of South Africa, 1996; "council" means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution; "Director" means the person designated by the Municipality as being in charge of a museum; "exhibit" means to display art or museum objects for viewing by the public in a museum; "flash photography" refers to the taking of photos or videos where a flash is fired; "Municipality" means the eThekwini Municipality, a category A Municipality as envisaged in terms of section 155(1) of the Constitution and established in terms of Provincial Notice No. 43 of 2000 (KZN); "Municipal Manager" means a person appointed in terms of section 54A of the Municipal Systems Act; "museum" means any space which is identified by the Municipality for the preservation and exhibition of art or museum objects; "museum object" means an object of natural, historical, scientific, artistic or cultural importance including a specimen and relevant electronic media; "prescribed" means as determined by resolution of the council; "special collection" means a section of a museum where art or museum objects are kept which cannot be made available for exhibition to the public without restriction, whether by reason of their value, rarity, fragility or otherwise; and "visitor" means a person who visits a museum.
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.
3. Objects of By-lawThe object of this By-law is to ensure the operation of museums in a manner which– (a) preserves and develops art and objects of natural, historical, scientific, artistic or cultural importance; (b) promotes research and education; and (c) ensures the sustainability of museums.
4. Application of By-lawThis By-law applies to all areas which fall under the jurisdiction of the eThekwini Municipality and is binding on all persons to the extent applicable.
Operation of museums
5. Functions and powers of Directors
6. Museum opening hours
7. Access to museums
8. Order to leave a museumAny person who contravenes any provision of this By-law, or any policy adopted by the council may, in addition to any fine which may be imposed, be ordered to leave a museum by the Director or by any other authorised official.
9. PoliciesThe council may adopt and amend policies relating to any matter relevant to the establishment and operation of a museum.
Exhibitions in museums
11. TouchingNo person may touch a museum object in a museum, or the case or stand in or on which such object is exhibited, unless the exhibit is specifically designated by a sign as being interactive.
12. Preservation and securityA Director may take all reasonable steps, and impose any reasonable restrictions on visitors to a museum, as may be necessary to preserve and secure any museum object.
Loans of museum objects
14. Liability to return items
Hiring exhibition space in museums
15. Hire of exhibition space
Special collections and restricted areas
16. Special collections
17. Restricted areas
18. Conduct in museumsA person may not – (a) disturb any other visitors in their use of the museum; (b) eat or drink in a museum, unless in an area specifically designated for that purpose; (c) bring any animal into a museum, unless the animal is a guide dog for the blind; (d) bring any weapon into a museum; (e) enter a museum while inappropriately dressed in such a manner which may cause a nuisance or disturbance to other visitors; (f) enter a museum while under the influence of alcohol or any narcotic substances; (g) contravene any reasonable instruction given by a Director or authorised official; (h) contravene any sign displayed in a museum; (i) run in a museum; (j) enter a museum where he or she has been ordered to leave the museum by the Director and has not obtained the Director’s permission to return; (k) damage any part of any museum building or contents thereof; (l) enter or remain in the museum after having been refused admission; or (m) contravene any provision of this By-law or any policy adopted by the council.
19. Offences and penalties
22. Repeal of laws and savingsThe 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.
23. Short title and commencementThis By-law is called the eThekwini Museums By-law, 2015 and takes effect six months from the date of publication thereof in the Provincial Gazette or on such earlier date as may be determined by the publication of a commencement notice in the Provincial Gazette.
- Entire By-law
- Chapter 1 – Interpretation
- Chapter 2 – Operation of museums
- Chapter 3 – Exhibitions in museums
- Chapter 4 – Loans of museum objects
- Chapter 5 – Hiring exhibition space in museums
- Chapter 6 – Special collections and restricted areas
- Chapter 7 – Conduct
- Chapter 8 – Miscellaneous provisions
History of this By-law
17 March 2016By-law commences.
17 September 2015 this versionPublished in KwaZulu-Natal Provincial Gazette no. 1492
24 June 2015Assented to by council.