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Credit Control and Debt Collection By-law, 2020
- Published in Western Cape Provincial Gazette no. 8246 on 10 June 2020
- Commenced on 1 July 2019
- [This is the version of this document from 10 June 2020 and includes any amendments published up to 17 March 2023.]
PreambleUnder section 156 of the Constitution of the Republic of South Africa, 1996 ("the Constitution"), Swartland Municipality enacts as follows —WHEREAS section 98 of the Local Government: Municipal Systems Act 32 of 2000 (‘the Act") requires a municipality to:(1)A municipal council must adopt by-laws to give effect to the municipality’s credit control and debt collection policy, its implementation and enforcement.(2)By-laws in term of subsection (1) may differentiate between different categories of ratepayers, users of services, debtors, taxes, services, service standards and other matters as long as the differentiation does not amount to unfair differentiation.
1. Definitions"account" includes levies, surcharges, service charges and availability charges in respect of the following services -
2. Duty to collect debtsAll debts owing to the Municipality must be collected in accordance with applicable national and provincial legislation as referenced in this by-law.
3. Provision of servicesNew applications for services and the provision of new services must be dealt with as prescribed in this by-law.
4. Consumer services depositThe Municipality requires the payment of a deposit for the provision of services. Any adjustment to the basic deposit will be determined by the debtor's municipal payment record, read with the definition of "consumer services deposit" in section 1.
5. Interest chargesThe Municipality will charge and recover interest in respect of any arrear debt as prescribed by this by-law.
6. Municipal staff and councillor arrears
7. Arrangements to pay arrears
8. Agreement with employer
9. Power to restrict or disconnect supply of services
10. Recovery of debt
11. Recovery of costsWhere costs are incurred by or on behalf of the Municipality in order to recover monies owed to it, the Municipal Manager may recover such costs, including but not limited to -
12. AttachmentThe Municipal Manager may, in order to recover debt, approach a competent court for an order to attach a consumer’s movable or immovable property.
13. Full and final settlement payments
14. Consolidation of accounts and appropriation of payments
15. Indigent supportThe Municipality may grant financial assistance to persons who meet the criteria as laid down in the municipal Indigent Policy.
16. DelegationThe Municipal Manager and/or the Director: Financial Services may delegate and/or subdelegate their powers under this by-law to any official or service provider of the Municipality if and when so required and subject to the delegation register.
17. Clearance certificatesUpon the sale of any property the Municipality must issue the required clearance certificate as prescribed in this by-law and the policy, subject to settlement of any and all outstanding municipal accounts.
18. AppealA person whose rights are affected by a municipal decision regarding one or more delegated and/or subdelegated powers may appeal against that decision by notifying the Municipal Manager in writing of the intention to appeal and the reasons for doing so within 21 (twenty-one) days of the date of notification of the decision, as stipulated in section 62 of the Act.
19. Offences, penalties and the power of entry and inspectionA person who -
20. Repeal of by-lawsThe provisions of any municipal by-laws regarding credit control and debt collection are hereby repealed insofar as they relate to matters provided for in this by-law.
21. Short title and commencementThis by-law is to be known as the Credit Control and Debt Collection By-law and came into effect on 1 July 2019.
History of this By-law
10 June 2020 this versionPublished in Western Cape Provincial Gazette no. 8246
1 July 2019By-law commences.
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