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Customer Care, Credit Control, Debt Collection and Indigent Support By-law, 2013
- Published in Western Cape Provincial Gazette no. 7144 on 28 June 2013
- Commenced on 1 July 2013
- [This is the version of this document from 28 June 2013 and includes any amendments published up to 13 May 2022.]
1. DefinitionsIn this By-Law, the English text prevails in the event of any conflict with the Afrikaans or Xhosa texts, and, unless the context otherwise indicates -"Arrangement" means a written agreement entered into between the Municipal Manager and a debtor where specific terms and conditions for the payment of a debt are agreed to;"Arrears" means any amount due and payable to the Municipality and not paid by the due date;"Council" means the council of the Municipality;"Councillor" means a member of the Council;"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;"Debtor" means any person who owes a debt to the Municipality;"Due date" means the final date on which payment, as shown on the debtor's municipal account, is due and payable;"Indigent debtor" means a debtor who meets certain criteria, as determined by the Municipality from time to time;"Interest" means a rate of interest, charged on overdue accounts, which is one per cent higher than the prime rate, which is obtainable from any commercial bank on request, unless determined otherwise by the municipality, on capital, based on a full month and part of a month must be deemed to be a full month;"Municipality" means the Municipality of Drakenstein and includes any duly delegated official or service provider of the Municipality;"Municipal Manager" means the person appointed by the Council as the municipal manager in terms of section 82 of the Local Government: Municipal Structures Act, No 117 of 1998, and who also is the accounting officer in terms of the Local Government: Municipal Finance Management Act, No 56 of 2003, or any other official delegated by him or her;"Official" means an "official" as defined in section 1 of the Local Government: Municipal Finance Management Act, No 56 of 2003;"Policy" means the Municipality's customer care, credit control, debt collection and indigent support policy;"Service" means "municipal service" as defined in section 1 of the Systems Act, and includes a function listed in Schedules 4B and 5B of The Constitution of the Republic of South Africa, No 108 of 1996 and any other service rendered by the Municipality;"Systems Act" means the Local Government: Municipal Systems Act, No 32 of 2000;"Third party debt collector" means any person or persons authorised to collect monies or institute legal proceedings against debtors, on behalf of the Municipality;"This By-Law" includes the Customer Care, Credit Control, Debt Collection and Indigent Support Policy;"Total household income" or "household income"´means the total formal and informal gross income of the main bread winner/s of a household residing on a property on which the account is based; and"User" means a person who has applied for and entered into an agreement with the Municipality for the supply of a service.
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 this By-Law and the policy.
4. Service agreementExcept as otherwise determined in terms of this By-Law and the policy, no services may be supplied until an agreement has been entered into between the Municipality and the user for the supply of a service.
5. DepositsThe Municipality may require the payment of deposits for the provision of new services and the reconnection of services, or may adjust the amount of any existing deposit, as prescribed in this By-Law and the policy.
6. Interest chargesThe Municipality may charge and recover interest in respect of any arrear debt, as prescribed by this By-Law and the policy.
7. Arrangements to pay arrears
8. Agreements with debtor's employer
9. Power to restrict or disconnect supply of services
10. Recovery of debt
11. Recovery of costs
12. AttachmentThe Municipal Manager may, in order to recover debt, and as a last resort, approach a competent court for an order to attach a debtor's movable or immovable property.
13. Claim on rental for outstanding debtThe Municipal Manager may, in terms of section 28 and 29 of the Municipal Property Rates Act, No 6 of 2004, attach any rent, due in respect of any rateable property, to cover in part or in full any amount in respect of outstanding rates after the due date.
14. Full and final settlement payments
15. Consolidation of a debtor's accounts
16. IndigentsA debtor, who can prove indigence, will be dealt with as prescribed in the policy.
17. DelegationThe Municipal Manager may delegate its powers in terms of this By-Law to any official or service provider of the Municipality.
18. Offences and penalties
19. Repeal of by-lawsThe provisions of any by-laws previously promulgated by the municipality or by any of the disestablished municipalities now incorporated in the municipality are hereby repealed as far as they relate to matters provided for in this by-law.
20. Short titleThis By-Law shall be called the Customer Care, Credit Control, Debt Collection and Indigent Support By-law.
21. Operative dateThis By-Law shall take effect on 1 July 2013.
History of this By-law
1 July 2013By-law commences.
28 June 2013 this versionPublished in Western Cape Provincial Gazette no. 7144
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