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Imposition of Surcharges on Electricity Supplied to Occupiers of Municipal Property By-law, 2006
- Published in KwaZulu-Natal Provincial Gazette no. 6474 on 6 April 2006
- Commenced on 6 April 2006
- [Up to date as at 7 August 2020]
1. Definitionsds and phrases shall have the following meanings ascribed to them:"Authorised Officer": A municipal employee to whom the City Manager has allocated a responsibility;"City Hall Notice Board": The Notice Board in the foyer of the West Street entrance to the City Hall;"City Manager": The Municipal Manager for the Municipality appointed in terms of section 82 of the Municipal Structures Act and includes, where necessary, any acting City Manager;"Constitution": The Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996);"Councillor": An elected member of the Municipal Council;"Electricity Act": The Electricity Act, 1987 (Act No. 41 of 1987);"Electricity Dispenser": An "electricity dispenser" as defined in section 1 of the Electricity Supply Bylaws;"Electricity Supply Bylaws": The Electricity Supply Bylaws of the former Durban Transitional Metropolitan Council published in Municipal Notice 45 of 1998 and preserved in the area of jurisdiction of the eThekwini Municipality by Clause 9(1) of Provincial Notice 343 of 2000 (KZN);"eTM Website": www.durban.gov.za"Executive Committee": A Committee of the kind referred to in section 43 of the Municipal Structures Act;"Information Act": The Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);"Information Office": The address of the Information Officer as given by the City Manager by Notice on the City Hall Notice Board;"Information Officer": The Person appointed by the Municipality as the "Deputy Information Officer" in terms of section 17 of the Information Act;"Municipal Council": The "municipal council" of the Municipality as contemplated in section 157 of the Constitution;"Municipal Gazette": Ezasegagasini Metro published as a supplement in various newspapers circulating in the area of jurisdiction of the Municipality;"Municipality": The Juristic Person established in terms of Provincial Notice 343 of 2000 (KZN) and includes any committee or Person delegated by the Municipal Council of such municipality or deemed to have been so delegated to exercise any power or carry out any duty of the municipality and includes, in respect of the exercise of any private power of the municipality, any duly appointed agent of the municipality;"Municipal Property": Any immovable property owned by the Municipality;"Municipal Structures Act": The Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);"Municipal Systems Act": The Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"Notice": Notice in writing;"Person" includes, where appropriate, a juristic person;"Surcharge": A surcharge of the kind referred to in section 229 of the Constitution;"Unfair Discrimination": discrimination of the kind prescribed by section 9 of the Constitution.
2. Method of raising Surcharge
3. Basis of SurchargeAny Surcharge shall be leviable on the basis of a percentage of the tariff for electricity supplied by way of an Electricity Dispenser made under and in accordance with section 75A of the Systems Act read with the Electricity Supply Bylaws and the Electricity Act.
4. Effect on Municipal Tenants
History of this By-law
6 April 2006 this versionPublished in KwaZulu-Natal Provincial Gazette no. 6474By-law commences.
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