Index of Sol Plaatje Municipal By-Laws

Municipal by-laws are public regulatory laws which apply in a certain area.

The main difference between a bylaw and a law passed by a national/federal or regional/state body is that a bylaw is a made by a non-sovereign body, which derives its authority from another governing body, and can only be made on a limited range of matters. A local council or municipal government gets its power to pass laws through a law of the national or regional government which specifies what things the town or city may regulate through by-laws. It is therefore a form of delegated legislation. Within its jurisdiction and specific to those areas mandated by the higher body, a municipal bylaw is no different than any other law of the land, and can be enforced with penalties, challenged in court and must comply with other laws of the land, such as the country’s constitution. Municipal bylaws are often enforceable through the public justice system, and offenders can be charged with a criminal offence for breach of a bylaw.

The main function of the Sol Plaatje Municipality’s by-laws is to ensure that the greater City Kimberley is an orderly city to live and work in.

by·law

[Middle English bilawe, body of local regulations; akin to Danish by-lag,township ordinance : Old Norse br, settlement; see bheu- in Indo-European roots + Old Norse *lagu, law; see legh- in Indo-European roots.]

Word History: A casual glance at the word bylaw might make one think that the element by- means “secondary, subsidiary,” especially since bylaw can mean “a secondary law.” It is possible that by-, as in byway, has influencedbylaw in the sense “secondary law”; however, bylaw existed long before the sense in question. The word is first recorded in 1283 with the meaning “a body of customs or regulations, as of a village, manor, religious organization, or sect.” By- comes from Old Norse (as may the whole word bylaw) and is related to the element -by in the names of many places where Scandinavians settled when they invaded England during the early Middle Ages, such as Whitby. We get the sense of this -by if we compare the related Old Icelandic word variously spelled bær, br, br, meaning “a town or village” in Norway, Sweden, and Denmark and “a farm or landed estate” in Iceland. We thus see why bylawwould mean “a body of customs of a village or manor” and why we use the word to mean “a law or rule governing the internal affairs of an organization.”