Letter from DOCRRA Chairman
Due to recent increase of drinking and disturbances being experienced on our Dolphin Coast beaches, DOCRRA has explored the bylaws that are in place as well as what plans are in progress to address these issues.
DOCRRA is delighted that our well-structured organisations on the Dolphin Coast (BNW, SRNW, CPF, UIP Ilembe Business Chamber) are meeting and discussing legal, sustainable and implementable initiatives to prevent and mitigate the abuse, by persons using and abusing alcohol, of our public amenities, beaches and public spaces. DOCRRA is also aware of several “freelance” and “independent” initiatives that have or are being implemented, however, urge these concerned people and organisations, to join their resources with our established, experienced, connected and sustainable organisations.
There seems to be a concern whether the relevant bylaws are in place to underpin any action and whether it is the responsibility of KDM through the Metro Police, or whether it is the domain of SAPS.
This is what the DOCRRA preliminary and current research on this issue reveals:
Bylaws – There does not appear to be any specific “Behaviour on beaches” bylaw in KDM. However:
- There is ample reference to behaviour within the bylaw for Public Amenities, such as “No person shall……bring into a public amenity any alcohol or any other liquor…….”.
- In the bylaw for Nuisance, “No person shall be or appear in any public place in a state of intoxication.”
Provincial Ordinance –A Comprehensive Ordinance has been published in the KZN Provincial Gazette to be used in areas where there are no bylaws, or where bylaws do not cover specific issues. However, it does not specifically cover what the two bylaws above do. It does, nevertheless, cover “stop and search” activities by properly authorised officials.
COGTA – COGTA (Department of Co-Operative Government and Traditional Affairs) drafted a document containing a set of bylaws for Municipalities(2016) to use, and it seems that these have been accepted by KDM – awaiting confirmation. It includes:
- Nuisances and behaviour in public places Bylaw “No person may in a public place – (h) consume any liquor or be in a state of intoxication”
- Beaches Bylaw “No person may while on the beach area – (v) consume any alcohol except on licenced premises or where temporary authorisation has been granted by the Municipality.”
KZN Liquor Act 2014 – The last and probably strongest legislation comes from the KZN Liquor Act 2014.
- Section 93(1)(d) General Offences “ No person may – be intoxicated, violent or disorderly in a public place”
We, DOCRRA, will continue to promote and protect the interests of all residents and ratepayers within the jurisdiction of the Dolphin Coast area. However, the more community representation and support we have, the more influence we have. Therefore, we urge you to become a member of DOCRRA.