Enforcing new bylaws in Newcastle: Challenges and Community requirement

Newcastle has long been grappling with significant social challenges, including widespread begging at nearly every intersection, public drinking, and rampant illegal dumping, to name a few. Additionally, vagrants have increasingly set up camps throughout the town, contributing to a general state of disorder. Many residents attribute this deterioration to the inadequate enforcement of municipal bylaws, which has left the town susceptible to escalating lawlessness.

However, in May 2024, the Newcastle Municipality instilled a renewed sense of hope among the community by officially gazetting new bylaws intended to tackle these persistent issues.

This legislative action targets critical social problems such as begging, illegal dumping, and public urination, promising positive changes and a brighter future for the residents of Newcastle.

Following the gazetting of these bylaws, the Newcastle Municipality introduced fines for violations of the new regulations in July 2024, with the intention of keeping offenders in check. The fines were designed to encourage compliance and curb the behaviours that had led to the town’s decline.

Nearly two months after the fines were established, a pressing question remains: Has the Newcastle Municipality made significant strides in enforcing these bylaws?

This question looms large as many of the social ills outlined in the bylaws continue to persist throughout the town, raising concerns about the effectiveness of the enforcement efforts so far.

Ismaeel Dhalech, Chairperson of the Newcastle Community Policing Forum (CPF), provided insights into the current situation, acknowledging that while the new bylaws were helping to curb some issues, there was still a long way to go. “There is still room for work as there are squatters in the Mosque Parking, there are also people gambling in the streets, and there is still urinating in public. It is disgusting,” Dhalech stated.

He further pointed out that the CPF was working closely with the Newcastle SAPS, who were in turn assisting the Municipality in enforcing the new bylaws. “The Newcastle CPF has 6,000 members in its groups, and we report infringements of the bylaws to the respective authorities. However, we do need the Newcastle SAPS and Newcastle Municipality to come more on board. Also, residents need to understand that if they are caught breaking the bylaws, they will be charged. Therefore, they need to familiarise themselves with the bylaws, as they will not be able to play ignorant when caught,” Dhalech stressed.

While acknowledging some progress, Dhalech emphasised that the issues at hand remained prevalent, particularly in the Newcastle CBD and surrounding suburbs. While the CPF has been identifying and reporting bylaw infringements, but Dhalch felt that stronger action is needed from both the Newcastle SAPS and the Municipality to ensure effective enforcement.

Additionally, Newcastle Municipality’s Cllr Samukelisiwe Yende of the African National Congress (ANC) explained that residents needed to understand that the purpose of the bylaws was to improve the quality of life and safety within the community.

“When laws are put into place, it becomes a two-way structure, by those who will carry out the bylaws and those who will be serviced by the bylaws,” she said.

Cllr Yende stressed that the bylaws were created in response to community concerns, not imposed arbitrarily. She further emphasised that while officials are employed to enforce the bylaws, the community must also play its part by adhering to the regulations. “For example, the Newcastle Municipality has put up signs across Newcastle warning residents about the fines that will be imposed if caught illegally dumping anywhere in town, yet the problem continues,” she stated.

Furthermore, Yende noted that while the Newcastle Municipality may need to improve its enforcement efforts, residents must also take responsibility for their actions and abide by the regulations. This would foster a cooperative relationship between the community and the Municipality, ultimately leading to a cleaner and safer environment for everyone.

At the end of the day, Cllr Yende highlighted the importance of community participation in upholding the bylaws.

While designated officials will be tasked with enforcing the regulations, the intent behind these bylaws is to benefit the entire town. Therefore, it is crucial that Newcastle’s residents take an active role in ensuring they comply with the laws and contribute to the improvement of their community.

Newcastle Municipality’s Cllr Faizel Cassim also weighed in on the matter, explaining that the previous bylaws were inadequate and failed to address the community’s needs, which is why the new regulations were created. “From the onset, there was a major issue with the former bylaws, and that is why the new ones were created,” Cllr Cassim said, adding that the bylaws were established based on the concerns raised by the community.

When it comes to enforcement, Cllr Cassim noted that the Newcastle Municipality initially had only two law enforcement officials responsible for ensuring compliance with the bylaws. However, this is set to change. “Each department is supposed to have its own bylaw official as they are the experts in their respective fields, according to the Municipal Manager, and they will be conducting the necessary work,” he explained.

However, Cllr Cassim also urged the community to be patient as the enforcement process unfolds. “It is a bit of new work coming from an old system, and it is going to take some time for the officials to get fully used to the new system,” he emphasised.

Moreover, he pointed out that Newcastle SAPS, the CPF, and local security companies were all involved in assisting with the enforcement of the bylaws. “While the police can help enforce the penalties, the CPF acts as the eyes and ears of law enforcement, putting them in an ideal position to monitor where issues are arising,” he added.

Both Cllr Yende and Cllr Cassim stressed the importance of community involvement in the enforcement of the bylaws. “It is important for residents to familiarise themselves with the bylaws and have the knowledge of what is allowed and what isn’t. For example, it is illegal to hand food to beggars and residents must be cognisant of this, as it can end badly for them if caught, as they will be penalised,” Cllr Cassim cautioned.

In cases of illegal dumping, Cllr Cassim urged residents to take photographs of offenders and send them to their respective Ward Councillor, along with the necessary information. However, he warned against directly confronting offenders, advising that it was best to let the law run its course.

As both councillors reiterated, Newcastle is the community’s home, and it is essential that the residents actively participate in upholding the bylaws. Cllr Cassimalso pointed out that, given the size of Newcastle’s population, it would be difficult for the limited number of enforcement officials to ensure compliance without the support of the community.

The Newcastle Municipality’s Communications Unit was approached for further comment, but they were unable to respond at the time of publication.

For residents who wish to familiarise themselves with the new bylaws, click here. 

For those interested in learning more about the fines, click here. 

What are your thoughts on the state of Newcastle’s bylaws? Share your views in the comment section below.