Comment on the City’s new Wayleaves Policy and By-law

What is a wayleave?

A wayleave is a permit issued by the City that grants the right of access to install, maintain or manage services infrastructure. The wayleave sets out the applicable terms and conditions that the wayleave holder must adhere to when undertaking any development and maintenance work.

Why does the City issue wayleaves?

The City is required to issue wayleaves to ensure that any deployment or maintenance of infrastructure is executed appropriately, in order to safeguard existing infrastructure that is critical for ongoing service delivery.

What is the purpose of the new Wayleaves Policy and By-law?

Our intention is to streamline wayleave application and review processes to support infrastructure development. The City launched its new Wayleave Management System (WMS) in 2024. The WMS provides automation, consolidation and standardisation of requirements from various City departments.

The new Wayleaves Policy and Wayleaves By-law will complement and support the functioning of the WMS.

About the draft Wayleaves Policy

The draft policy aims to:

• address historical inefficiencies;
• align with the automation unlocked through the WMS; and
• inform the by-law.

It captures:

• The strategic value of having governance mechanisms to optimise the wayleave application process
• The importance of an enhanced wayleave application process to support infrastructure development and economic growth
• The mechanisms for more optimal wayleave administration within the City, which then informs a number of the enforcement conditions set out in the draft By-law;
• A uniform approach toward the processing and management of wayleaves to provide assurance to applicants regarding the application process

About the draft Wayleaves By-law

The draft by-law aims to:

• Set out regulations applicable to wayleave applications and approval conditions
• Regulate the rights of developers carrying out work on the City-owned property
• Provide specifications for the reinstatement of existing services, roads and ground conditions (including paved and non-paved surfaces). Where the reinstatement is of sub-standard quality, the draft by-law sets out the legally enforceable means for managing and mitigating associated risks
• Provide a legal means to enforce penalties for non-compliance with conditions stipulated in the Wayleave.

Internal consultation with various City line functions helped us shape and improve the draft policy and by-law, and we are now inviting you to submit your input.

In terms of section 17 of the Local Government: Municipal Systems Act, Act 32 of 2000, you can submit comments to the municipality relating to the draft policy and by-law.

• Access the draft Wayleaves Policy
• Access the draft Wayleaves By-law

You can also access the information at:

• City libraries
• Subcouncil offices

Contact us

For more information and general enquiries:

Email: wayleaves@capetown.gov.za