By-law Policing

Presented byMichélle Fourie

Community Safety Department Strategic Policing InterventionsBy-law Policing Directorate

Community Safety Department• Strategic Policing Interventions

• By-law Policing • Proactive Policing Services: holistic policing

of 3 core functions of Metro Police (traffic enforcement, by-law enforcement, crime prevention)

Background to By-law Policing – institutional arrangements

Background information

What are By-laws?By-laws are laws that are passed by the Council of a municipality to regulate the affairs and the services it provides within its area of jurisdiction. The main function of by-laws is to regulate public order to ensure that Tshwane is an orderly community and city to reside and work in.

Legislative background

A municipality derives the powers to pass a by-law from the Constitution of the Republic of South Africa, which gives certain specified powers and competencies to local government as set out in Part B of Schedules 4 and Part B of 5 to the Constitution.

Legislative background

The South African Police Service Act 68/1995 asamended: • states that local authorities can establish

municipal police services which are responsible for:• Traffic policing• By-law policing• Preventing crime

Legislative background

The Criminal Procedure Act 51/1977:Outlines:

• the procedures that must be followed such as seizing articles or searching premises

• methods of securing the attendance of accused in court, such as summons, arrest, written notice (section 56)

• Sets requirements and authority of various categories of peace officers

Legislative background

Municipal Systems Act 32/2000:• Local authority has executive and legislative

authority and thus is able to pass by-laws• A by-law can only be passed by the Council

of a local authority• A draft by-law must go through public

participation prior to approval• Once a by-law is approved by Council, it

must be published in the relevant government gazette

City of Tshwane by-laws

• Cemeteries and crematorium• Child care services• Control of outdoor advertising• Credit control• Tshwane Youth Development

Unit• Fire Brigade• Homes for the aged• Keeping of animals, birds and

poultry• Keeping of bees• Initiation schools

• Parking meters• Property rates• Public amenities• Rules and order• Sanitation• Solid Waste• Electricity supply• Street trading• Substance abuse• Tshwane Market• Water supply• Council owned/administered flats• Council owned/administered hostels

By-law complaint received1. First Inspection

• Officer may issue OTR (opportunity to rectify/written warning for a first contravention at his/her own discretion)• Issue fine for a serious contravention• Confiscate (SAPS 13B receipt to be given to

transgressor) • Only legal goods are returned upon payment of fine• If goods are rotten, they are disposed of and will not be returned

3. Follow-up inspection (issue fine or confiscate) 4. Court (pay fine)5. Warrant of arrest (fine not paid)

By-law enforcementelements

Section 316 (5) Duties of pedestrians• No pedestrian on a public road shall conduct himself /herself in

such a manner to constitute a source of danger to himself/herself /to other traffic which is or may be on such road

Section 322 (a) and (b) Trading on public roads• Except on/in premises zoned/demarcated for that purpose,• In accordance with such requirements as may be prescribed, or

determined by by-law, • No person shall sell, display, offer for sale or deliver pursuant to a

sale, any goods alongside a public road inside an urban area, • Within five metres from any intersection thereon; or • On or alongside any public road outside an urban area

National Road Traffic Act, 1996 (Act No. 93 of 1996) National Road Traffic Regulations, 1999

Street Trading By-law

Traffic Safety• Dangers of trading at/in intersections

• high accident zones• busiest intersections most

popular• no trading within 5m of

intersections

Street Trading By-law

Traffic Safety•NO obstruction of;

• vehicular traffic• pedestrians - have right of way of sidewalks• handicapped persons, wheelchairs, guide dogs etc.• fire hydrants

• No structures on sidewalks – National Road Traffic Act (Act 93 of 1996)

- Street Trading By-law

Street Trading By-law

Crime prevention issues • Camouflage of criminals as street traders

• smash-and-grab criminals at intersections • highjackers

• Selling of illegal substances• cigarettes • fireworks• illegal drugs / substances e.g. intoxicating

adhesives ( Substance Abuse By-law)

Beggars / Jobseekers at intersections / vagrants

Vagrants living in open pieces of land between Delmas Road and General Louis Botha Avenue along Hans Strijdom Avenue in the Erasmuskloof and Constantia Park AreasIntegrated Community Development (ICD) division: Site Inspection findings; • Living conditions of these vagrants are unhealthy and

unsanitary• Members of the community, a local churches and local

charity organisations provide vagrants with food, second hand clothing and items such as mattresses

Beggars / Jobseekers at intersections / vagrants

• Vagrants were aggressive towards the social workers• Exposed to serious dangers under the Escom pylon

electricity towers • All of their needs are addressed since everything they

require to survive is provided to them• Possible criminal activities, brewing of beer and other illegal

substances, prostitution, drug trafficking etc.• Vagrants know it is illegal to erect shacks on these

properties, thus they continue to live without shelters

Best practise model for the relocation of homeless persons

1. Identify hotspot – reoccurring complaints regarding vagrants in (large)

2. Arrange task team – meet with role player departments3. Obtain data – the ICD department conducts a survey to

determine the demographics of the homeless persons4. Finalising arrangements regarding placement options for

homeless persons5. Issuing of notice of relocation – inform them that it is the

intention of the CoT to relocate them to a shelter. The date and time of the removal must be specified in the notice.

Best practise model for the relocation of homeless persons

6. The relocation of the homeless persons – the Metro Police accompanied by the ICD department and social workers assist with the relocation of the homeless persons to the shelters.

7. Waste Management Division to clean and maintain the site.8. Regular patrols by the Metro Police Regions to ensure that

homeless people do not return to the site is required.  

To report a by-law offence

City of Tshwane's By-law Enforcement Centre at:• Tel: 012 358 0070 • Toll-free number: 0801 111 556 (dial Option 1 for "Fire,

ambulance and metro police. Dial Option 3 for the By-law Enforcement Centre)

• E-mail: BylawEnforcementCentre@tshwane.gov.za or bec@tshwane.gov.za

• Address: By-law Enforcement Centre, Tshwane Metropolitan Police Headquarters, Corner of DF Malan Drive and Church Street, Pretoria West

Where can I view the City of Tshwane By-laws?

On the CoT public website at www.tshwane.gov.za;

• Under the residents tab at the top of the home page click on legislation.

• On the left of the screen click on By-laws. • To view existing by-laws click on Promulgated by- laws. • To view draft by-laws click on Draft by-laws.

How can I as a community member assist?

1. Do not support beggars at intersections2. Do not give donations of money to street

children3. Do not buy goods from traders at intersections

especially counterfeit goods4. Do not give donations of any kind to vagrants. If

they are not supported they will relocate5. Do not attempt to confront vagrants, contact

the Regional Metro Police or SAPS.

Thank you.