Welcome to the City of Cape Town's by-law website. All of the City's by-laws are posted here for viewing by members of the public, residents, visitors businesses and investors. We have also included a listing of draft by-laws for public comment.
What is a by-law?
A by-law is a law that is passed by the Council of a municipality to regulate the affairs and the services it provides within its area of jurisdiction. 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.
How do by-laws begin?
New by-laws begin as drafts, and must comply with stringent legal tests before they can be passed to the City’s portfolio committees for debate and a decision regarding public participation in terms of the City’s system of delegations. They are then presented to the public via the City’s 24 subcouncils, which provide a forum for witten, oral and/or electronic feedback. Once this is complete, they return to the portfolio committee for further refinement, and are then sent on to Council’s Mayoral Committee (Mayco) for debate and possible amendment. After they have been considered by Mayco, it is necessary to ascertain whether they comply with the constitutional requirement for the publication of by-laws for public comment. Once this is established, they are recommended to Council for approval.
How are by-laws revised?
By-laws are revised by or at the instance of the relevant department and directorate and are subject to much the same procedure for promulgation as when they are new.