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Credit Control, Debt Collection and Indigent Support By-law, 2022
- Published in Western Cape Provincial Gazette no. 8608 on 10 June 2022
- Commenced on 10 June 2022
- [This is the version of this document from 10 June 2022 and includes any amendments published up to 23 September 2022.]
1. DefinitionsIn this by-law, the English text prevails in the event of any conflict with the Afrikaans text, and, unless the context otherwise indicates—"Act" means the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000);"annually" means once every financial year;"arrears" means any amount due and payable to the municipality which has not been paid on or before the due date;"availability charges" means a monthly levy that may be levied against immovable property with or without improvements, which is not connected to any municipal service works, where such property can be reasonably so connected;"consumer" means any occupier of premises to which the municipality has agreed to supply or is actually supplying services, or if there is no occupier, the owner of the premises;"council" means the municipal council of the municipality of Cederberg;"debt" means any monies owing to the municipality in respect of the rendering of municipal services, and includes monies owing in regard to property rates, housing, motor vehicle registration and licensing, terminated leases, and any other outstanding amounts, inclusive of any interest thereon, owing to the Municipality;"due date" means the date specified on the tax invoice as the last date for payment;"indigent " means a person or household as contemplated in the Indigent Policy of the municipality;"interest" means a rate of interest equal to the prime rate as determined by the Reserve Bank of South Africa plus a percentage determined by council annually during the budget process;"municipal account" includes levies or charges in respect of the following services:- electricity consumption;- water consumption;- refuse removal;- sewerage services;- rates;- interest and/or surcharge;- housing rentals and instalments;- availability charges; and- miscellaneous and sundry charges.and "tax invoice" has a corresponding meaning;"municipal manager" means the person appointed in that capacity by the municipality in terms of section 54A of the Act;"municipality" means the municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"occupier" means any person who occupies any premises or part thereof, without regard to the title under which he or she so occupies;"owner" means—(a)the person in whom the legal title to the premises is vested;(b)in a case where the person in whom the legal title is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration of and control of such premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)in any case where the municipality is unable to determine the identity of such person, the person who is entitled to the benefit of such premises or a building thereon;(d)in the case of premises for which a lease of 30 years or more has been entered into, the lessee thereof; in relation to—(i)a piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act 1986, (Act 95 of 1986), and without restricting the above provisions, the developer or the body corporate in respect of the common property; or(ii)a section as defined in such Act, the person in whose name such section is registered under a sectional title deed, including the lawfully appointed representative of such person;(e)any legal person including but not limited to:(i)a company registered in terms of the Companies Act, 1973 (Act 61 of 1973), Trust inter vivos, Trust mortis causa, a closed corporation registered in terms of the Closed Corporations Act, 1984 (Act 69 of 1984), and a Voluntary Association;(ii)any government department;(iii)any council or board established in terms of any legislation applicable to the Republic of South Africa;(iv)any Embassy or other foreign entity.(f)a person to whom property owned by the municipality has been disposed of, but not yet transferred as from the date of disposal; and(g)a person holding immovable property owned by or under the control or management of the municipality while held under a lease or under any other contract or under a servitude or right analogous thereto,"person" includes—(a)a natural person;(b)a juristic person;(c)for the purposes of this by-law any industrial or commercial undertaking; and(d)an organ of State."policy" means the Credit Control and Debt Collection as well as the Indigent Policy of the municipality;"property" means—(a)immovable property registered in the name of a person, including, in the case of a sectional title scheme, a sectional title unit registered in the name of a person;(b)a right registered against immovable property in the name of a person, excluding a mortgage bond registered against the property;(c)a land tenure right registered in the name of a person or granted to a person in terms of legislation; or(d)public service infrastructure;
2. Duty to collect debtsAll debt owing to the municipality must be collected in accordance with this by-law and the policy.
3. Provision of servicesNew applications for services and the provision of new services must be dealt with as prescribed in the policy.
4. Consumer services depositThe municipality may require the payment of a deposit for the provision of services and may adjust the amount of any existing deposit annually, as prescribed in the policy.
5. Interest chargesThe municipality may charge and recover interest in respect of any arrear debt, as prescribed by the policy.
6. Arrangements to pay arrears
7. Agreement with employer
8. Power to restrict or disconnect supply of services
9. Recovery of debtSubject to section 6, the municipal manager must, with regard to rates, and may, with regard to other debt—
10. Recovery of costs
11. AttachmentThe municipal manager may, in order to recover debt, approach a competent court for an order to attach movable or immovable property of a consumer.
12. Full and final settlement payments
13. Consolidation of accounts and appropriation of payments
14. Indigent supportFinancial assistance may be granted by the municipality to a person or household that meets the criteria as laid down in the Indigent Support Policy of the municipality.
15. DelegationThe municipal manager may delegate his or her powers in terms of this by-law to any official or service provider of the municipality.
16. Clearance certificatesOn the sale of any property the municipality shall issue the required clearance certificate as prescribed in the policy.
17. AppealA person whose rights are affected by a decision of the municipality in terms of delegated powers, may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.
18. Offences and penalties
19. Repeal of by-lawsThe By-law relating to Customer Care, Credit Control and Debt Collection promulgated in Extraordinary Provincial Gazette No 7077 dated 24 December 2012 is hereby repealed as a whole
20. Short title and commencementThis by-law shall be known as the Cederberg Municipality Credit Control, Debt Collection and Indigent Support By-law and shall come into effect on the date of publication thereof in the Provincial Gazette.
History of this By-law
10 June 2022 this versionPublished in Western Cape Provincial Gazette no. 8608By-law commences.
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