eThekwini
South Africa
South Africa
Tariff By-law, 2013
- Published in KwaZulu-Natal Provincial Gazette 1008 on 15 August 2013
- Commenced on 15 August 2013
- [This is the version of this document from 15 August 2013.]
Preamble
WHEREAS section 229(1) of the Constitution authorises a municipality to impose-(a)rates on property and surcharges on fees for services provided by or on behalf of a municipality; and(b)if authorised by national legislation, other taxes, levies and duties appropriate to local government or to the category of local government into which that municipality falls;WHEREAS in terms of Section 75A of the Municipal Systems Act, a municipality may-(a)levy and recover fees, charges or tariffs in respect of any function or service of the municipality; and(b)recover collection charges and interest on any outstanding amount;WHEREAS in terms of Section 74(1) of the Municipal Systems Act, a municipal council must adopt and implement a tariff policy on the levying of fees for municipal services provided by the municipality itself or by way of service delivery agreements, and which complies with the provisions of the Municipal Systems Act, the Municipal Finance Management Act and any other applicable legislation;WHEREAS in terms of Section 75 of the Municipal Systems Act, a municipal council must adopt By-laws to give effect to the implementation and enforcement of its tariff policy;AND WHEREAS the By-laws adopted in terms of section 75 of the Municipal Systems Act may differentiate between different categories of users, debtors, service providers, services, service standards and geographical areas as long as such differentiation does not amount to unfair discrimination.NOW THEREFORE the Municipal Council of the eThekwini Metropolitan Municipality, acting in terms of section 156 of the Constitution of the Republic of South Africa, and read with section 11 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), hereby makes the following By-law:1. Definitions
In this By-law, unless the context indicates otherwise-"Constitution" means the Constitution of the Republic of South Africa;"City Hall" refers to the main administrative office of the municipality, situated on Dr. Pixley KaSeme Street, Durban;"MEC for local government" means the MEC responsible for local government in KwaZulu-Natal;"municipal council" or "council" means the eThekwini municipal council, a municipal council referred to in section 157(1) of the Constitution;"Municipal Finance Management Act" means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council;"Municipal Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000);"municipality" means eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution and established in terms of PN343 of 2000 (KZN);"tariff" means fees and charges levied by the municipality in respect of any function or service provided by the municipality to the local community, and includes a surcharge on such tariff but excludes the levying of rates by the Municipality in terms of the Local Government: Municipal Property Rates Act, 2004 (Act No. 6 of 2004).2. Interpretation of the By-law
If there is a conflict of interpretation between the English version of this By-law and a translated version, the English version prevails.3. Adoption and Implementation of Tariff Policy
4. Tariff Policy
5. General Power to Levy and Recover Fees, Charges and Tariffs
6. Enforcement of Tariff Policy
7. Delegations
8. Short Title and Commencement
This By-law is called the eThekwini Municipality: Tariff By-law, 2013, and takes effect on the date of the publication thereof in the Provincial Gazette or as otherwise indicated in the notice thereto.History of this document
15 August 2013 this version
Published in KwaZulu-Natal Provincial Gazette 1008
Commenced