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Property Rates 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 15 December 2022.]
1. PreambleWhereas Section 229(1) of the Constitution of the Republic of South Africa, 1996, 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, Act 32 of 2000, 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 liable for the payment of rates;NOW THEREFORE BE IT ENACTED by the Council of the Cederberg Municipality, as follows:
2. DefinitionsIn this by-law, the English text prevails in the event of any conflict with any other text and any word or expression to which a meaning has been assigned in the Local Government: Municipal Property Rates Act, Act 6 of 2004, shall bear the same meaning unless the context indicates otherwise."Constitution" means the Constitution of the Republic of South Africa, 1996;"Municipality" means the Cederberg Municipality established in terms of Section 12 of the Municipal Structures Act, Act 117 of 1998, and includes a political structure, political office bearer, councillor, duly authorised agent or employee 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, duly authorised agent or employee;"Municipality’s rates policy" means a rates policy adopted by the Cederberg Municipality in terms of this by-law;"Property Rates Act" means the Local Government: Municipal Property Rates Act, Act 6 of 2004;"Rate" or "rates" means a municipal rate on property as envisaged in Section 229 of the Constitution;"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.
3. Principles and objectives
4. Adoption and implementation of rates policy
5. Contents of rates policyThe municipality’s rates policy shall, inter alia:
6. Enforcement of 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.
7. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipality now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
8. Short title and commencementThis by-law is called the Cederberg Municipality’s Property Rates By-Law and comes into effect upon promulgation in the Western Cape Government Gazette.
History of this By-law
10 June 2022 this versionPublished in Western Cape Provincial Gazette no. 8608By-law commences.
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