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Property Rates By-law, 2019
- Published in Western Cape Provincial Gazette no. 8115 on 28 June 2019
- Commenced on 28 June 2019
- [Up to date as at 8 October 2021]
PreambleWHEREAS Section 229(1) of the Constitution 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 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 of properties liable for the payment of rates;NOW THEREFORE BE IT ENACTED by the Council of the Swartland Municipality, as follows:
1. DefinitionsIn this by-law, the English text prevails in the event of any conflict with the Afrikaans text, and, unless the context indicates otherwise.In this by-law, any word or expression to which a meaning has been assigned in the Local Government: Municipal Property Rates Act, 2004 (Act No.6 of 2004), shall bear the same meaning unless the context indicates otherwise."Municipality" means Swartland Municipality;"Property Rates Act" means the Local Government: Municipal Property Rates Act, 2004 (Act No 6 of 2004);"Property Rates Policy" means the policy on the levying of rates on rateable properties within the jurisdiction of the Swartland Municipality, contemplated in chapter 2 of the Municipal Property Rates Act.
2. ObjectsThe object of this by-law is to give effect to the implementation of the Property Rates Policy as contemplated in Section 6 of the Municipal Property Rates Act.
3. Adoption and implementation of rates policy
4. Contents of rates policyThe Property Rates Policy shall, inter alia:
5. Enforcement of the rates policyThe Municipality s Property 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 Property Rates Policy.
6. Repeal of by-lawsThe Property Rates By-Law promulgated in Provincial Gazette Extraordinary No. 7778 of 2 June 2017 is hereby repealed.
7. Short title and commencementThis By-Law is called the Municipal Property Rates By-Law, and takes effect on the date on which it is published.
History of this By-law
28 June 2019 this versionPublished in Western Cape Provincial Gazette no. 8115By-law commences.