AT a full sitting of the eThekwini Council in January 2012, a resolution was passed to investigate the feasibility of a municipal court in Pinetown that would serve the Inner West area.
This resolution was as a result of notice of motion served by Ward 18 councillor, Tim Brauteseth, but it has sadly been denied by the legal department.
“At that time it was felt that a municipal court would greatly improve the enforcement of bylaws in the Highway area which would in turn lead to a safer and orderly environment. I was therefore heartened when the council unanimously agreed to my proposal. Since that day, I have continuously been in contact with the relevant departments to monitor progress in this regard,” said Brauteseth.
He added that the first issue raised by the legal department was the framework within which the court would operate. He offered to do research about this but was told that they had it “under control”. In January 2013, Brauteseth asked formal questions at council and was advised in writing by councillor Zandile Gumede that while the council and legal department approved and supported the proposal, they were negotiating with the Pinetown Magistrate’s Court to accommodate the municipal court.
At the beginning of 2014, there had still been no tangible action taken to start up the municipal court. Brauteseth again directed formal written questions to council . “These questions were submitted to the council meeting held in uMumbulu on Thursday 27 February. The response to my questions was delivered by councillor Nokuthula Sibiya. To my astonishment, Cllr Sibiya informed the council that the legal department had advised that the municipality had no jurisdiction to establish a municipal court and that the matter was therefore closed. I attempted to question this issue with Cllr Sibiya, but the speaker, Cllr Logie Naidoo, quickly shut down the debate,” added Brauteseth.
According to Brauteseth, this stance by the legal department of the municipality displays a severe lack of understanding of the legal precepts which allow the establishment of a municipal court.
“The legislation clearly provides for and allows a municipal court. There is no jurisdictional or competency issue. There are already 41 municipal courts around South Africa. The cities of Tswane and Cape Town have 18 courts of this nature. Most municipal courts are housed within the Magistrate’s Court in that area. The National Department of Justice provides the magistrates for the municipal court. These magistrates usually preside in the ordinary magistrate’s court also. The department also trains the clerks of the municipal court. There is clearly no issue of capacity or competence,” added Brauteseth.
Brauteseth has vowed not to let this matter go. He said he will continue to raise the debate at council level and will also bring the matter to the attention of the MEC of Co-operative Government and Traditional Affairs.
