4.2 Legislative instruments: Development and enforcement of by-laws

Local government may develop by-laws, which augment National and Provincial regulatory requirements. These by-laws must aim to give effect to the right contained in section 24 of the Constitution by regulating waste management within the area of the municipality's jurisdiction; provide, in conjunction with any other applicable law, an effective legal and administrative framework, within which the Municipality can manage and regulate waste management activities; ensure that waste is avoided, or where it cannot be altogether avoided, minimised, re-used, recycled, recovered, and disposed of in an environmental sound manner; and promote and ensure an effective delivery of waste services. The by-laws must also be aimed at discouraging littering by prosecuting offenders amongst others.

Local government may also enforce these by-laws either through local or regional authorities through designated EMI's. To increase capacity to enforce municipal by-laws; municipalities can explore training Metro police/ local enforcement agencies on waste related matters in order that they too are equipped and are able to issue fines on waste management transgressions. Environmental Health Practitioners (EHP's) could also be trained on waste matters in order that they can administer the enforcement of waste by-laws.