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RepealedThis By-law was repealed on 1 July 2019 by Credit Control and Debt Collection.
This is the version of this By-law as it was when it was repealed.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, 2014
- Published in Western Cape Provincial Gazette no. 7285 on 11 July 2014
- Commenced on 11 July 2014
- [Up to date as at 26 February 2021]
- [Repealed by Credit Control and Debt Collection on 1 July 2019]
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—"account" includes—(a)levies, surcharges, service charges and availability charges in respect of the following services—(b)electricity supply;(c)water supply;(d)refuse removal;(e)sewerage services;(f)rates;(g)rental;(h)loan instalments(i)interest on arrears; and(j)any other levies and monies due and payable to the municipality;and "municipal account" has a corresponding meaning;"Act" means the Local Government: Municipal Systems Act,(Act No 32 of 2000);"arrears" means any amount due and payable to the municipality which has not been paid on or before the date of payment;"availability charges" means charges 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 the person, including but not limited to, the owner, tenant or occupier of property who receives, uses or benefits from municipal services;"council" means the municipal council of the municipality of Swartland;"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;"default"(a)if, at the end of a financial year of the municipality, an owner owes the municipality any amount of money in respect of rates or availability charges; or(b)if, after 31 October of a year, an owner is in arrears with payment of rates; or(c)where an owner is in arrears for a period of 60 days or more with payments for availability charges;"due date" means the final date on which payment, as shown on the municipal account, must be made;"illegal practises" any practise or trade exercised on premises which is in contravention of any National or Provincial legislation or any by-laws or regulations of the municipality;"indigent " means a person or household as contemplated in paragraph 25 of this policy;"financial year" means the period from 1st July until 30th June of each year;"municipal manager" means the person appointed in that capacity by the council in terms of section 54A of the Act;"municipal services" means "municipal services" as defined in section 1 of the Act, and includes a function or a combination of functions listed in Schedules 4B and 5B of The Constitution of the Republic of South Africa, 1996, and any other service rendered by the municipality;"municipality" means the municipality of Swartland and includes any delegated official or service provider of the municipality;"occupier" means any person who occupies or has control over any premises;"owner"(a)in relation to property referred to in paragraph (a) of the definition of "property", means a person in whose name ownership of the property is registered;(b)in relation to a right referred to in paragraph (b) of the definition of "property", means a person in whose name the right is registered;(c)in relation to a land tenure right referred to in paragraph (c) of the definition of "property", means a person in whose name the right is registered or to whom it was granted in terms of legislation; or(d)in relation to public service infrastructure referred to in paragraph (d) of the definition of "property", means the organ of state which owns or controls that public service infrastructure; provided that a person mentioned below shall for the purposes of this by-law be regarded by the municipality as the owner of a property in the following cases—(i)a trustee, in the case of a property in a trust excluding state trust land;(ii)an executor or administrator in a deceased estate;(iii)a trustee or liquidator in an insolvent estate or in liquidation;(iv)a judicial manager in the estate of a person under judicial management;(v)a curator in the estate of a person under curatorship;(vi)a usufructuary or other person in whose name a usufruct or other personal servitude is registered that is subject to a usufruct or other personal servitude;(vii)a buyer, in the case of a property that was sold and of which possession was given to the buyer pending registration of ownership in the name of the buyer;(e)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;(f)in the event of immovable property in respect of which a lease agreement of 30 years or longer had been concluded, the lessee thereof;(g)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 95 of 1986), the developer or the governing body in respect of the joint property;(ii)a portion of land, the person in whose name that portion is registered in accordance with a title deed, including the lawfully appointed representative of such person;(iii)any person, including but not limited to—(aa)a company registered in accordance with the Companies Act, 2008 (Act No 71 of 2008), a trust inter vivos, a trust mortis causa, a close corporation registered in accordance with the Close Corporations Act, 1984 (Act No 69 of 1984), and a voluntary association;(bb)any government department;(cc)any council or governing body established in accordance with any legislation in force in the Republic of South Africa; and(dd)any embassy or other foreign entity;"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 Policy of the municipality as reflected in the Schedule to this by-law which Schedule refers;"premises" means any portion of land, situated within the area of jurisdiction of the municipality, and of which the outer boundaries are demarcated on—(a)a general plan or diagram registered in accordance with the Land Survey Act, 1927 (Act No 9 of 1927) or the Deeds Registries Act, 1937 (Act No 47 of 1937); or(b)a sectional title plan registered in accordance with the Sectional Titles Act, 1986 (Act No 95 of 1986);"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;"standard rate of 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."this by-law" includes the policy reflected in the Schedule.
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. DepositsThe municipality may require the payment of a deposit for the provision of services and the re-connection of services, or may adjust the amount of any existing deposit, 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—(a)by legal action recover any debt;(b)recover debt from any organ of state with due consideration of the provisions of Chapter 3 of The Constitutio n of the Republic of South Africa,1996; and(c)may refer debt to third party debt collection agencies.
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 that meets the criteria as laid down in paragraph 25 of the policy.
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 therefor 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 following by-laws are hereby repealed:(a)By-law relating to Credit Control and Debt Collection promulgated on 19 September 2003; and(b)By-law Relating to Credit Control and Debt Collection promulgated on 4 December 2009.
20. Short title and commencementThis by-law shall be known as the Credit Control and Debt Collection By-law and shall come into effect on 1 July 2014.
- Entire By-law
- 1. Definitions
- 2. Duty to collect debts
- 3. Provision of services
- 4. Deposits
- 5. Interest charges
- 6. Arrangements to pay arrears
- 7. Agreement with employer
- 8. Power to restrict or disconnect supply of services
- 9. Recovery of debt
- 10. Recovery of costs
- 11. Attachment
- 12. Full and final settlement payments
- 13. Consolidation of accounts and appropriation of payments
- 14. Indigent support
- 15. Delegation
- 16. Clearance certificates
- 17. Appeal
- 18. Offences and penalties
- 19. Repeal of by-laws
- 20. Short title and commencement