Mbombela’s by-laws: loose ends confirmed
An investigation by Nelspruit Post revealed that some departments have by-laws in place, while others do not.
The Mbombela Local Municipality’s (MLM) by-laws have come under increased scrutiny over the past few weeks.
MLM official by-law enforcement vehicles have been patrolling the streets, keeping an eye on street vendors and hawkers. But are Mbombela’s by-laws up to scratch?
An investigation by Nelspruit Post revealed that some departments have by-laws in place, while others do not. A by-law is passed by council and regulates municipal affairs and services. Where they have not been promulgated they are not enforceable.
Nelspruit Post received confirmation that residents’ municipal service payments were not made in vain.
According to Ms Bessie Pienaar of the municipality’s communication department, MLM’s by-laws which regulates the execution of municipal services have been promulgated, and are therefore in force.
“In addition hereto, financial by-laws are in order as well,” she said.
She was however unable to confirm which other by-laws have not yet been promulgated but exist only in draft form. “Some of the other by-laws that do not directly facilitate services, have not been promulgated. We will require the relevant departments’ cooperation for this.”
This came after weeks of enquiries to the municipality on exactly which by-laws were in effect regarding parks, cemeteries, water, electricity, public safety and traffic. Pienaar continued to explain that the different departments were responsible for the promulgation of their by-laws.
“On August 30, 2011, all of the departments in the municipality received a written instruction, indicating to them what they have to do to draft by-laws and to promulgate them. Each department is obliged to draft its own by-laws and to submit the draft for approval.”
The submission for approval entails the approval thereof for public participation, adoption thereof for promulgation by council through a supporting vote and the publication thereof in the Government Gazette. “The department is also responsible for maintaining its by-law register by completing it and referring the progress in this regard to the municipality’s archives,” Pienaar explained.
The municipality was not able to name the departments which had not pulled their weight in this regard, but admitted that these departments were responsible for the fact that some by-laws were not enforceable. But what these are, remains to be discovered.
