On 1st July 2016, Emakhazeni Local Municipality promulgated various bylaws in provincial
Gazette number 2708.
A number of these bylaws contain grammatical errors and/or omissions or statements
that certain comments etc. need to be inserted. Further, a number of these were
promulgated under the name of Highlands Municipality which was extinct at that time.
Some are also headed as ‘Draft’.
We obtained legal opinion regarding the incorrect municipal body and the use of ‘draft’.
The opinion received was that those bylaws which were not promulgated under the
name of Emakhazeni Local Municipality were invalid as that body was not in existence
at the time of promulgation. It was stated in the opinion that although the word
‘draft’ was used in some instances, this in itself did not render the bylaw invalid.