Enforce the bylaws

THERE is hardly a person anywhere in the world who would argue against the fact that South Africa has a model Constitution.

Hammered out by men and women of intelligence and discernment, it protects and provides security for all citizens – if it is rightly interpreted, observed and acted on.

On a local level, the same should apply to municipal bylaws.

They too have been crafted based on experience and insight and are equally capable of ensuring the desired end product.

Sadly, while the bylaws have in most instances been written, the enforcement thereof is sadly lacking.

This newspaper, among many other voices, has continually lobbied for action on a number of serious issues that are governed by municipal bylaws.

We can name a number that cause ongoing public outcry.

The illegal sale, purchase and use of fireworks. The bylaws specifically deal with the matter, but there is no noticeable enforcement, despite the dire warnings that are issued with monotony each Guy Fawkes, Diwali and New Year. In fact, calls to report violations usually fail to draw any reaction from the powers that be.

• Consuming of alcohol in public. We read all about the bylaws-based ban on alcohol prior to the festive season. An early morning visit to any recreational area would show these threats were meaningless.

• Illegal car washers and the use of hosepipes in residential areas. We continually lose millions of litres of water in these dire drought times.

• Street mechanics and the environmental hazard they pose, such as sump oil in the storm water drains. In their defence, where are the formal premises they were promised?

• Cattle on the roads.

One may ask the question: when last was any person charged and convicted in relation to any of the above?

Invariably, while the bylaws speak loudly, the law enforcement is silent.

Quite simply, we don’t need more or better bylaws – we simply need those we have to be properly enforced.

We are not sure if there is a correlation, but we reported last year on rampant absenteeism at portfolio meetings of Bylaws Committee, which resulted in seven meetings been abandoned for lack of a quorum.

Since these meetings cascade upwards to inform both Exco and Open Council, failure to do so will obviously lessen the implementation and success of our bylaws.