KwaDukuza Municipality proposes municipal by-law court
The municipality said there was a reluctance by the magistrate's court to prosecute offences because of work overload and limited court dates were available.
The KwaDukuza Municipality (KDM) has proposed a special municipal court to deal with by-law offences.
A municipal court would exist as a separate subdivision of the district magistrate’s court and would, in theory, allow for faster prosecution of by-law infringements.
If implemented, KDM would join nine other municipalities countrywide which have already established such a court.
The proposal, which will now go through a viability process, drew mixed reactions from councillors.
While acknowledging that it was a good idea in the right circumstances, some councillors felt that KDM was getting ahead of itself given the municipality’s by-laws are currently being updated.
They felt the level of current by-law enforcement was not enough to justify a separate court and that funds could better be spent elsewhere.
“We are gunning for city status and are always looking to grab something new, but we need to perfect our implementation first,” said ActionSA PR councillor, Nel Sewraj.
KDM agreed there were issues around enforcement, but said that a functional municipal court system could help to prevent further by-law offences.
The municipality said there was a reluctance by the magistrate’s court to prosecute offences because of work overload and that there were limited court dates available.
This often led to fines being struck from the court roll as a result of mistakes and offenders being let off, said KDM.
By-law prosecutions that would be theoretically fast-tracked include those around illegal dumping, environmental issues, building control legislation, fire and traffic, among others.
Democratic Alliance Ward 6 councillor, Tammy Colley, referenced a recent by-law issue during her support of the court proposal.
“As an example, there has been a derelict building in KwaDukuza that could not be demolished for years because of difficulty getting a court interdict,” she said.
“This is a proposal in principle at this point and all relevant financial impacts will come in time before final approval.”
If found to be viable, the municipal court would also have the added benefit of easing pressure on the established court system.
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