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RepealedThis By-law was repealed on 11 July 2014 by Credit Control and Debt Collection.
This is the version of this By-law as it was when it was repealed.
Credit Control and Debt Collection By-law, 2003
- Published in Western Cape Provincial Gazette no. 6067 on 19 September 2003
- Commenced on 19 September 2003
- [Up to date as at 28 May 2021]
- [Repealed by Credit Control and Debt Collection on 11 July 2014]
1. DefinitionsIn this by-law, unless inconsistent with the context, an expression to which a meaning was ascribed in the Local Government: Municipal Systems Act, 2000 (Act No 32 of 2000) will have that meaning and"account" includes—(1)levies, surcharges or service charges in respect of the following services:electricity consumption;water consumption;refuse removal;sewage services;(2)rates;(3)rental;(4)loan instalments;(5)interest on arrears;(6)any other levies and money owing to the Municipality;and "municipal account" has a corresponding meaning;"Act" means the Local Government: Municipal Systems Act, (Act No 32 of 2000) as amended from time to time;"amounts in arrears" means any amount due and payable to the Municipality which has not been paid on or before the date of payment;"council" means the municipal council of the Municipality of Swartland;"date of payment" means the date which has or the dates which have been determined in accordance with the Municipality’s credit control and debt collection policy, as the date or dates on which the respective fees, tariffs and rates due and owing to the Municipality, must be paid;"indigent household" means a household registered as such with the Municipality and which—(1)complies with the qualification requirements as determined in the Municipality’s credit control and debt collection policy; and(2)occupies premises within the area of jurisdiction of the Municipality;"Manager: Financial Services" means a person appointed by the council in that capacity to administer the council’s finances and includes any person—(1)who is in an acting capacity in that position;(2)to whom the Manager: Financial Services delegated a power, function or duty in respect of such delegated power, function or duty;"Municipal Manager" means the person appointed in that capacity by the council in accordance with section 82 of the Local Government Act: Municipal Structures No 117 of 1988 and includes any person—(1)acting in that position;(2)to whom the Municipality delegated a power, function or duty in respect of such delegated power, function or duty;"municipal services" means the provision of water, the provision of electricity, the removal of domestic waste, the disposal of sewage or any one or combination of these services;"Municipality" means the Municipality of Swartland;"owner" in respect of immovable property means—(1)the person in whom ownership vests;(2)in the event of the person in whom the ownership vests being insolvent or deceased, or subject to any legal disqualification, the person under whose control and administration such immovable property vest in his/her capacity as curator, trustee, executor, administrator, judicial manager, liquidator or any other lawful representative;(3)in any event where the council is unable to determine the identity of such a person, the person who is entitled to the beneficial use of such immovable property;(4)in the event of immovable property in respect of which a lease agreement of 30 years or longer has been concluded, the lessee thereof;(5)in respect of—(i)a portion of land demarcated on a sectional title plan and registered in accordance with the Sectional Titles Act, 1986 (Act No. 59 of 1986), the developer or the governing body in respect of the joint property;(ii)a portion of land as defined in this Act, the person in whose name that portion is registered in accordance with a title deed, including the lawfully appointed representative of such person;(6)any persona, including but not limited to—(i)a company registered in terms of the Companies’ Act, 1973 (Act No 61 of 1973), a trust inter vivos, a trust mortis causa, a close corporation registered in terms of the Close Corporations Act, 1984 (Act No 69 of 1984), and a voluntary association;(ii)any government department;(iii)any council or governing body established in terms of any legislation in force in the Republic of South Africa; and(iv)any embassy or other foreign entity;"premises" means any portion of land, situated within the area of jurisdiction of the municipality, and of which the outer boundaries are demarcated on:(1)a general plan or diagram registered in terms of the Land Survey Act, 1927 (Act No. 9 of 1927) or the Deeds Registries Act, 1937 (Act No 47 of 1937); or(2)a sectional title plan registered in terms of the Sectional Titles Act, 1986 (Act No 95 of 1986);"standard rate of interest" means a rate of interest one per cent higher than the rate payable by the Municipality to its bank in respect of an overdraft.
Credit control and debt collections measures
2. Application for municipal services
3. Liability for payment of money due and payable to the municipality
4. Date of payment of money due
Steps to be taken where debtors are in arrears or fail to pay money due on or before date of payment
5. Steps to be taken in accordance with credit control and debt collection policy
6. Levying of interest
7. The disconnection and/or restriction of water and/or electricity services
8. Collection of deposit
9. Measuring of municipal services
10. Enquiries, appeals, and service complaints
11. Collection costsAll legal costs, collection commission, and any other expenses incurred by the Municipality in order to recover monies owing by a debtor to the Municipality, shall be debited against that debtor’s account and collected from him or her by the Municipality.
12. Dishonoured paymentsShould any payment made to the Municipality by means of a negotiable instrument be dishonoured by a bank at a later stage, the Manager: Financial Services may—
13. Access to premisesAn occupier of premises in the area of jurisdiction of the Municipality must give an authorised representative of the Municipality or of a service provider access at all reasonable hours to the premises in order to read, inspect, instal or repair any meter or service connection for reticulation, or to disconnect or restrict the provision of a municipal service.
14. Safe accommodation of service connections, meters, stopcocks, appliances, etc.Where water and/or electricity are/is provided to premises, the user of any service connections, meters, stopcocks, as well as appliances and equipment for the safeguarding of services on those premises, and the user shall also be liable to compensate the Municipality for any costs or losses incurred or damages suffered by the Municipality as a result thereof.
15. Theft, damage and unauthorised use of water and electricity
16. Signing of notices and documentsAnotice or document issued by the Municipality pursuant to a by-law promulgated by the Municipality and signed by a staff member of the Municipality is deemed to have been properly issued and shall be accepted by the court as evidence of that fact upon the mere submission thereof.
17. Certification of documentsAny order, notice or other document which needs to be certified by the Municipality, is deemed to have been sufficiently certified if it is signed by the Municipal Manager or a duly authorised official of the Municipality to whom such powers were delegated by means of a decision of the Municipality’s council or pursuant to a by-law.
18. Prima facie evidenceIn lawsuits initiated by the Municipality, the mere submission of a certificate reflecting the amount due and payable to the Municipality and signed by the Municipal Manager or a suitably qualified official authorised thereto by the Municipal Manager, shall be accepted by the court as prima facie evidence that the amount is due.
Financial assistance to indigent households
19. Source of financial assistanceFinancial assistance to an indigent household is financed from—(1)financial allocations by the National Government to the Municipality for that specific purpose;(2)a contribution for that specific purpose by the Municipality, the extent of such contribution being determined annually by the Council during the drafting of the Council’s budget.
20. Requirements for registration as an indigent householdA household wishing to register as an indigent household and be considered for financial assistance in accordance with the council’s policy in this regard, may only be registered as such if—
21. Application for registration
22. Consideration of applications
23. Appropriation of and limitation on financial assistance
24. Levying of administration fees
25. Cancellation of registration
26. Offences and penaltiesAny person who—(1)neglects or refuses to allow access to premises to an authorised agent of the Municipality or to a service provider in terms of section 13;(2)impedes or obstructs an authorised agent of the Municipality or of a service provider in the exercising of his or her rights in accordance with these by-laws;(3)in any manner or for any reason whatsoever tampers with, damages or breaks, meddles with or removes any service connection, meter, stopcock, appliance or equipment for the safeguarding of services, or seals or main supply lines which have been installed to measure, provide or restrict the supply of water and/or electricity;(4)reconnects, attempts to reconnect, or allows or permits the reconnection, of any water supply or electrical installation which has been disconnected, for whatsoever reason, by the Municipality, to the Municipality’s main supply lines or service connection;(5)uses water or electricity which has been obtained unlawfully;(6)refuses or neglects to supply such information to a duly authorised official or representative of the Municipality as may reasonably be required for purposes of the exercising of the rights and duties in terms of these by-laws, or supplies false information to such official or representative in the knowledge that the information is false and misleading;(7)neglects to comply with a provision of this by-law or acts in breach thereof;(8)neglects to comply with the provisions of a notice served upon him or her in terms of the provisions of these bylaws,is guilty of an offence and upon conviction liable to a fine not exceeding R5 000 or imprisonment not exceeding 12 months or to both such fine and imprisonment.
- Entire By-law
- 1. Definitions
- 2. Application for municipal services
- 3. Liability for payment of money due and payable to the municipality
- 4. Date of payment of money due
- 5. Steps to be taken in accordance with credit control and debt collection policy
- 6. Levying of interest
- 7. The disconnection and/or restriction of water and/or electricity services
- 8. Collection of deposit
- 9. Measuring of municipal services
- 10. Enquiries, appeals, and service complaints
- 11. Collection costs
- 12. Dishonoured payments
- 13. Access to premises
- 14. Safe accommodation of service connections, meters, stopcocks, appliances, etc.
- 15. Theft, damage and unauthorised use of water and electricity
- 16. Signing of notices and documents
- 17. Certification of documents
- 18. Prima facie evidence
- 19. Source of financial assistance
- 20. Requirements for registration as an indigent household
- 21. Application for registration
- 22. Consideration of applications
- 23. Appropriation of and limitation on financial assistance
- 24. Levying of administration fees
- 25. Cancellation of registration
- 26. Offences and penalties