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Municipal Property Rates By-law, 2020
- Published in Western Cape Provincial Gazette no. 8247 on 12 June 2020
- Commenced on 1 July 2020
- [Up to date as at 9 April 2021]
PreambleWHEREAS section 229(1) of the Constitution requires a municipality to impose rates on property and surcharges on fees for the services provided by or on behalf of the municipality.AND WHEREAS section 13 of the Municipal Systems Act read with section 162 of the Constitution require a municipality to promulgate municipal by-laws by publishing them in the gazette of the relevant province.AND WHEREAS section 6 of the Local Government: Municipal Property Rates Act, 2004 requires a municipality to adopt by-laws to give effect to the implementation of its property rates policy; the by-laws may differentiate between the different categories of properties and different categories of owners of properties liable for the payment of rates;NOW THEREFORE BE IT ENACTED by the Council of the CEDERBERG Municipality, as follows:
1. DefinitionsIn this by-law, any word or expression to which a meaning has been assigned in the Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004), shall bear the same meaning unless the context indicates otherwise."Municipality" means CEDERBERG MUNICIPALITY;"Property Rates Act" means the Local Government: Municipal Property Rates Act, 2004 (Act No 6 of 2004);"Rates Policy" means the policy on the levying of rates on rateable properties of the CEDERBERG MUNICIPALITY contemplated in chapter 2 of the Municipal Property Rates Act.
2. ObjectsThe object of this by-law is to give effect to the implementation of the Rates Policy as contemplated in section 6 of the Municipal Property Rates Act.
3. Adoption and implementation of rates policy
4. Contents of rates policyThe Rates Policy shall, inter alia:4.1Apply to all rates levied by the Municipality pursuant to the adoption of its Annual Budget;4.2Comply with the requirements for:4.2.1.The adoption and contents of a rates policy specified in section 3 of the Act;4.2.2.The process of community participation specified in section 4 of the Act; and4.2.3.The annual review of a Rates Policy specified in section 5 of the Act.4.3Provide for principles, criteria and implementation measures that are consistent with the Municipal Property Rates Act for the levying of rates which the Council may adopt; and4.4Provide for enforcement mechanisms that are consistent with the Municipal Property Rates Act and the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).
5. Enforcement of the rates policyThe Municipality's Rates Policy shall be enforced through the Credit Control and Debt Collection Policy and any further enforcement mechanisms stipulated in the Act and the Municipality's Rates Policy.
6. Short title and commencementThis By-law is called the Municipal Property Rates By-law, and takes effect on 1 July 2020.
History of this By-law
1 July 2020By-law commences.
12 June 2020 this versionPublished in Western Cape Provincial Gazette no. 8247