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Property Rates

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Swartland
South Africa

Property Rates By-law, 2019

  • Published in Western Cape Provincial Gazette no. 8115 on 28 June 2019
  • Commenced on 28 June 2019
  • [This is the version of this document from 28 June 2019 and includes any amendments published up to 17 March 2023.]

Preamble

WHEREAS 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. Definitions

In 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. Objects

The 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

3.1The Municipality shall adopt and implement its Property Rates Policy consistent with the Municipal Property Rates Act on the levying of rates on rateable property within the jurisdiction of the municipality and
3.2The Municipality shall not be entitled to levy rates other than in terms of its Property Rates Policy.

4. Contents of rates policy

The Property Rates Policy shall, inter alia:
4.1Apply to all rates levied by the Municipality pursuant to the adoption of its Annual Budget
4.2Comply with the requirements for:
4.2.1the adoption and contents of a rates policy specified in Section 3 of the Act
4.2.2the process of community participation specified in Section 4 of the Act and
4.2.3the annual review of a Policy Rates Policy specified in Section 5 of the Act.
4.3Provide for principles, criteria and implementation measures that are consistent with the Municipal Property Rates Act for the levying of rates which the Council may adopt and
4.4Provide for enforcement mechanisms that are consistent with the Municipal Property Rates Act and the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000).

5. Enforcement of the rates policy

The 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-laws

The Property Rates By-Law promulgated in Provincial Gazette Extraordinary No. 7778 of 2 June 2017 is hereby repealed.

7. Short title and commencement

This By-Law is called the Municipal Property Rates By-Law, and takes effect on the date on which it is published.
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Swartland

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