By-law Policing

1. By-law Policing Presented by Michélle Fourie Community Safety Department Strategic Policing Interventions By-law Policing Directorate

2. Background to By-law Policing – institutional arrangements • 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)

3. 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.

4. 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.

5. Legislative background • The South African Police Service Act 68/1995 as • amended: • states that local authorities can establish municipal police services which are responsible for: • Traffic policing • By-law policing • Preventing crime

6. 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

7. 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

8. City of Tshwane by-laws • 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 • 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

9. By-law enforcement elements • By-law complaint received • 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 • Follow-up inspection (issue fine or confiscate) • Court (pay fine) • Warrant of arrest (fine not paid)

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

11. 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

12. 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

13. 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)

14. 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 Areas • Integrated 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

15. 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

16. Best practise model for the relocation of homeless persons • Identify hotspot – reoccurring complaints regarding vagrants in (large) • Arrange task team – meet with role player departments • Obtain data – the ICD department conducts a survey to determine the demographics of the homeless persons • Finalising arrangements regarding placement options for homeless persons • 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.

17. Best practise model for the relocation of homeless persons • 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. • Waste Management Division to clean and maintain the site. • Regular patrols by the Metro Police Regions to ensure that homeless people do not return to the site is required.

18. 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

19. 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.

20. How can I as a community member assist? Do not support beggars at intersections Do not give donations of money to street children Do not buy goods from traders at intersections especially counterfeit goods Do not give donations of any kind to vagrants. If they are not supported they will relocate Do not attempt to confront vagrants, contact the Regional Metro Police or SAPS.

21. Thank you.