‘The municipal courts are authorised to prosecute those who contravene the City’s by-laws and regulations, as well as other legislation that is administered by the City. The courts have been established under section 2(1)(h) of the Magistrates’ Courts Act, 1944 (Act No. 32 of 1944) and they work closely together with the Department of Justice and the National Prosecuting Authority (NPA),’ said the City’s Mayoral Committee Member for Corporate Services, Councillor Sharon Cottle.

The details of the finalised cases related to building and land use contraventions are as follows:

• 359 cases finalised from 1 July to 31 December 2018
• Fines to the value of R616 850 issued

‘The majority of the cases that have been finalised over this period relate to building works and alterations that have been undertaken without approved building plans; and land use contraventions, in particular where residential properties have been used for business purposes without prior approval from the City for a rezoning or departure,’ said Councillor Cottle.

The City of Cape Town’s first municipal court was established in April 2000, and since then 11 municipal courts have been rolled out across the 11 magisterial districts within the City’s boundaries.

‘These courts are located in Cape Town, Parow, Goodwood, Strand, Blue Downs, Mitchells Plain, Wynberg, Khayelitsha, Atlantis, Simon’s Town, and Somerset West. Some of the courts sit five days a week, such as Cape Town, Wynberg, and Mitchells Plain; whereas those in Atlantis, Simon’s Town and Somerset West only sit once a week,’ said Councillor Cottle.

The magistrates are appointed and remunerated by the Department of Justice.

‘The City, on the other hand, recruits and remunerates the prosecutors who serve in these courts. When a prosecutor is appointed, their qualifications must comply with those set out in the National Prosecuting Act. It’s also important to add that the NPA serves on the interview panels. The prosecutors are guided by and must adhere to the NPA values of professionalism, integrity, credibility, accountability and service excellence. The City currently employs 13 prosecutors and one senior control prosecutor,’ said Councillor Cottle.

Furthermore, the City is responsible for the administration, maintenance and upkeep of the court buildings. The administration relates to the basic functioning of the courts which entails the enrolment of cases, record keeping, the capturing of case results, interpretation services, cleaning and security, and so forth.

‘The municipal courts fulfil a very important function in Cape Town to ensure compliance with the City’s by-laws. These by-laws regulate most activities that are associated with working and living in a city environment,’ said Councillor Cottle.

End