Strengthening Local Government 21 July

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2 Strengthening Local Government 21 July

3 Konrad Adenauer Stiftung and the Faculty of Law at North-West University (Potchefstroom Campus) Strengthening Local Government Legislative Authority in South Africa: Implementation of Bylaws Venue: Kumkani Country Lodge, Potchefstroom, South Africa Strengthening Local Government 21 July

4 INDEX PROGRAMME... 5 Shannon Farnsworth... 6 Danie Nel... 7 Anel du Plessis... 8 Mike Agenbag... 9 Annette May Stewart Green Madikana Thenga Kemi Behari Jeannie van Wyk Susan Mosdell Strengthening Local Government 21 July

5 Strengthening Local Government Legislative Authority in South Africa: Implementation of Bylaws PROGRAMME 21 July 2016 Kumkani Country Lodge, Potchefstroom 07:45-08:30 Registration and refreshments Chair: Ms Angela van der Berg (Faculty of Law, NWU) 08:30-08:45 Welcome SESSION 1 Chair: 08:45-09:05 09:05-09:25 09:25-09:45 09:45-10:15 Discussion 10:15-11:00 Tea SESSION 2 Chair: 11:00-11:30 Ms Marlize van den Berg (Konrad-Adenauer-Stiftung: SA Representative) Prof Anél du Plessis (Faculty of Law, NWU (Potchefstroom Campus)) Mr Myrone Stoffels (Faculty of Law, NWU Potchefstroom Campus) The making and implementation of bylaws in the Prof Anél du Plessis bigger scheme of things (North-West University) Implementation of by-laws: challenges experienced Mr Danie Nel in cities and smaller municipalities (MUNSTEL) The constraints experienced in passing Ms Shannon Farnsworth environmental bylaws (Msunduzi Local Municipality) Mr Gideon Rossouw (Faculty of Law, NWU Mafikeng Campus) Environmental health the necessary content of an enforceable and implementable bylaw 11:30-12:15 Examples and case studies 12:15-12:45 Discussion 12:45-13:45 Lunch 13:45-14:30 Solid waste management and waste water management - the necessary content of enforceable and implementable bylaws Mr Mike Agenbag (Cape Peninsula University of Technology) Mr Mike Agenbag (Cape Peninsula University of Technology) & Ms Annette May (University of the Western Cape) Mr Madikana Thenga (Ekurhuleni Metropolitan Municipality & Mr Stewart Green (Ekurhuleni Metropolitan Municipality) 14:30-15:00 By-law enforcement and Municipal Courts Mr Kemi Behari (Ekurhuleni Metropolitan Municipality) 15:00-15:30 Discussion SESSION 3 Chair: 15:30-16:00 Prof Anél du Plessis (Faculty of Law, NWU Potchefstroom Campus) Municipal planning in terms of SPLUMA the necessary content of enforceable and implementable bylaws 16:00-16:45 Examples and case studies 16:45-17:30 Discussion 17:30 Closure & way forward Ms Susan Mosdell (Attorney / Municipal Law Specialist) Ms Susan Mosdell (City of Cape Town & Prof Jeannie van Wyk (UNISA) Strengthening Local Government 21 July

6 PRESENTER DETAILS Shannon Farnsworth The constraints experienced by the Msunduzi Municipality: Environmental Management Unit in passing environmental bylaws Graduated from the Faculty of Science at UKZN with a Bachelor of Science majoring in Environmental Management and Geography Registered as a natural scientist with the South African Council for Natural Scientific Professions (SACNASP) Environmental Scientist for the Msunduzi Municipality: Environmental Management Unit since Key focus areas are: environmental spatial planning; policy implementation and review; developing relevant policies, guidelines and bylaws; integrating the Environmental Management Framework and Conservation Plan mapping into various land use management schemes such as SDF, Local Area Plans, Town Planning Schemes Develop and refine through ground-truthing a municipal ecosystem service plan with associated land use models, management policies and management plans. Develop detailed mapping and ground- truthing of areas identified as being sensitive environmental zones. The Environmental Management of the Msunduzi Municipality commenced with the drafting of an 'environmental management bylaw' in January We applied (through the Msunduzi Municipal Manager) to the National DEA for assistance in terms of NEMA section 46(2). We drafted our final environmental management bylaw after consultation with national DEA as well as provincial EDTEA. We then submitted the draft bylaw to our inter municipal Legal Services Unit who are of the opinion that matters relating to the environment is a functional area of concurrent national and provincial legislative competence as contained in Part A of Schedule 4 of the Constitution. This view point has been a critical key constraint in the approval and promulgation of the bylaw. Strengthening Local Government 21 July

7 Danie Nel Implementation of by-laws: challenges experienced in cities and smaller municipalities Danie is an Independent Local Government Consultant, Part-Time Lecturer at Nelson Mandela Metropolitan University, Non Executive Board Member of CapeNature and Honorary Member of Institute for Municipal Public Safety SA. Qualifications: BIuris: UNISA. Field of expertise: Local Government Legislation and Administration (drafting of by-laws and policies and governance) Membership and Directorships: Graduate Member of the Institute for Local Government Management; Honorary Member of the SA Institute for Municipal Public Safety; Non-Executive Board Member of Cape Nature (appointed by the Western Cape MEC for Local Government, Environmental Affairs and Development Planning;) Chairperson of Worcester Business Improvement District Company;(Non profit company managing municipal entity) Part time lecturer at Institute for Law in Action (Nelson Mandela Metropolitan University) with focus on: Development, enforcement and implementation of municipal by-laws and national legislation applicable to local government; (municipal health, built environment, planning and developoment, fire protection, etc Enforcement of National and Provincial Legislation (Forestry, Fisheries, SANPARKS, Metrorail, Liquor Boards and Gambling Boards) Councillor and Ward Committee Training. This presentation focuses on the following: the legislative and executive powers and obligations of municipalities; the current reality; challenges experienced and possible solutions. Strengthening Local Government 21 July

8 Anél du Plessis Municipal bylaws in the bigger scheme of things Anél du Plessis (BA, LLB, LLM, LLD) is Professor of Law at the Faculty of Law of the North-West University (NWU) (Potchefstroom Campus), South Africa. Her published research (journal articles, book chapters, conference contributions and books) focuses on a combination of environmental-, local government and different aspects of human rights law (environmental rights in particular) and governance. Anél lectures environmental law, local government law and climate change law and governance at undergraduate and post-graduate levels at the NWU. The work of her masters and doctoral students focuses on specific issues and dimensions of environmental rights, governance, management, planning and local government in South Africa, Africa and comparable foreign jurisdictions. Anél is an active participant in several research projects on environmental- and local government law as well as transboundary environmental law and governance in Africa. She is managing editor of: Environmental Law and Local Government in South Africa (2015) This presentation focuses on the contextual relevance and importance of municipal bylaws in South Africa. It highlights the normative framework in which municipalities have become important agents for change and the role of bylaws in the pursuit of good local governance. The presentation questions the critical ingredients for the development, adoption and implementation of bylaws with reference to the development of governance authority and the recently decided Hessequa-case. The presentation concludes with an introductory future vision of what can and should be done to strengthen the system of municipal bylaws in South Africa. Strengthening Local Government 21 July

9 Mike Agenbag Environmental health the necessary content of an enforceable and implementable bylaw Worked for 25 years in Local Government (District Municipalities) as Environmental Health Practitioner, of which the last 22 years as Manager Municipal Health Services in the Eastern Cape Province at Joe Gqabi District Municipality, where I had to establish it and build it out. Joined the academia during mid 2013 at the Cape Peninsula University of Technology (CPUT) as Lecturer: Environmental Health. Teaching Management Practice for 3rd and 4th year Environmental Health students. Holding an M.Tech in Environmental Health from the Central University of Technology, Free State Currently registered with CPUT for a PhD - Environmental Health. Published various articles in international peer review journals and authored chapters in various books, and presented a number of papers at national and international conferences. Played a central role in the devolution and integration of Municipal Health Services in SA, from developing a National Framework for the devolution of MHS, on request of the National Department of Health. Conducted a few national surveys to determine the progress with the implementation of MHS, which also facilitated the Development Bank of Southern Africa's study in 2007 to assess the readiness of District Municipalities for the implementation of MHS. Advised various District Municipalities across different provinces about Section 78 investigations and with regards to the practical implementation of MHS. Serve currently on the National Environmental Health Review Task Team to advise the Minister of Health on the way forward for the rendering of Environmental Health Services in SA. The paper will attempt to highlight the challenges and opportunities for the implementation of enforceable environmental health (EH) by-laws to ensure that local government perform its legislative mandate to achieve regional, national and international targets. A literature review and case study presentation will highlight the current challenges and suggest proposals for the implementation of enforceable by-laws. Critical areas highlighted in this paper are proposed as a catalyst for ensuring implementable and enforceable environmental health by-laws. Strengthening Local Government 21 July

10 Annette May Examples and case studies: environmental health Annette May is a doctoral researcher with the Sarchi Chair in Multilevel Government, Law and Policy at the Dullah Omar Institute (DOI), University of the Western Cape (UWC). Her research interests include the socio-economic and service delivery obligations of local government. As such, she has conducted research on the housing obligations of local government, the local government competences of municipal health services, water and sanitation as well as the duty of municipalities to facilitate public participation in the context of basic service delivery. May lectures in the masters programme in Law, State and Multilevel Government and is also an extraordinary lecturer at the Sustainability Institute, School for Public Leadership at the University of Stellenbosch. She holds LLB (UWC) and LL M (University of Pretoria) degrees and is an attorney of the High Court of South Africa. The presentation explores case studies on the challenges encountered as well as the innovative approaches adopted by municipalities in the context of environmental health bylaws. Strengthening Local Government 21 July

11 Stewart Green Solid waste and waste water management bylaws in the local authority context Stewart Green has 15 years' experience in the public sector and has worked for all three spheres of government. His particular field of expertise is environmental legal compliance and, during his career, he has participated in several environmental compliance inspections of large industry and infrastructure projects. He currently heads up a Division at the City of Ekurhuleni that focuses on legislative compliance as well as the roll-out of the Environmental Management Inspectorate to local government. He was, previously, the national co-ordinator for Emergency Incidents in terms of Section 30 of NEMA at the national Department of Environmental Affairs Solid waste and waste water management by-laws in the local authority context will be analysed and discussed with particular reference to the City of Ekurhuleni. The analysis will focus on the necessary content of enforceable and implementable by-laws to improve the effectiveness of compliance monitoring and enforcement activities by local government. Madikana Thenga Solid waste management and waste water management - the necessary content of enforceable and implementable bylaws For the past 10 years, Mr Thenga has worked in Provincial and Local Government within the environmental sphere. He has worked with large scale Gauteng EIAs, various waste management projects, waste to energy and has been active in the various Waste Management Forums. Municipal Solid Waste by-law Enforcement - A Journey of Ekurhuleni's Solid Waste Management Practices. Strengthening Local Government 21 July

12 Kemi Behari By-law enforcement and municipal courts Admitted Attorney of High Court, Regional Court Magistrate, Lecturer at Justice College to Magistrates and Prosecutors, Presently Divisional Head: Courts and Compliance. B.Proc Law; LLM; Certificate in Environmental Law, Certificate Money Laundering Control. Present final semester MBA (Environmental Law - elective). This presentation briefly discusses the necessary content of municipal by-laws and critically examines the rules and procedures relating to by-law enforcement through municipal courts. Jeannie van Wyk Examples and case studies: municipal planning bylaws BBibl, LLB, LLM LLD. Jeannie specialises in Planning Law, and wrote the book 'Planning Law' (2ed 2012), the 'Planning Law Casebook' and articles. At Unisa she teaches Constitutional Property Law and at the Universities of Pretoria and Witwatersrand she teaches Planning Law to planning students. She consults and is involved in legal drafting. Examples and case studies are presented on the necessary content of municipal planning bylaws to make them implementable and enforceable. Strengthening Local Government 21 July

13 Susan Mosdell Examples and case studies: municipal planning bylaws Attorney specialising in environmental and public law matters. BA Hons LLB LLM (Environmental Law), LLM (Constitutional and Administrative Law) Local government faces a myriad of challenges in the implementation of the Spatial Planning and Land Use Management Act, 2013, and subsidiary legislation enacted thereunder. Not the least of these challenges is the formulation of by-laws which embrace the imperatives of the national legislation and are enforceable. The formulation of a municipal planning by-law is a complex task and an enormous responsibility, especially given that municipalities are the land use authorities of first instance and have a considerable margin of discretion with regard to many substantive and procedural issues. A municipal planning by-law must be aligned to national legislation whilst taking local circumstances into account, must set up a sound land use scheme and a workable system of delegation of authority, and must include mechanisms to enforce its provisions and ensure its credibility, all within the context of a historically fragmented and oppressive past system of regulation. This presentation will reflect my thoughts and ideas as to how this challenging task can be addressed successfully. Strengthening Local Government 21 July