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This is the latest version of this By-law.
Property Rates By-law, 2013
- Published in Western Cape Provincial Gazette no. 7144 on 28 June 2013
- Commenced on 1 July 2013
- [Up to date as at 9 April 2021]
PreambleWHEREAS section 229(1) of the Constitution authorises a municipality to impose rates on property and surcharges on fees for services provided by or on behalf of the municipality.AND WHEREAS section 3 of the Property Rates Act, requires from a municipal council to adopt a policy consistent with the Property Rates Act on the levying of rates on rateable property in the municipality.AND WHEREAS section 6(1) of the Property Rates Act, requires from a municipal council to adopt a by-law to give effect to the implementation of its property rates policy.AND WHEREAS section 6(2) of the Property Rates Act, determines that the by-law adopted may differentiate between different categories of properties and different categories of owners of properties liable for the payment of rates.NOW THEREFORE be it enacted by the municipal council of the Municipality of Drakenstein as follows:
1. InterpretationIn 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 -"Constitution" means The Constitution of the Republic of South Africa, No 108 of 1996;"Customer Care, Credit Control, Debt Collection and Indigent Support By-Law and Policy" means the Municipality's Customer Care, Credit Control, Debt Collection and Indigent Support By-Law and Policy as required by sections 96(b), 97 and 98 of the Systems Act;"Municipality" means the Drakenstein Municipality;"Property Rates Act" means the Local Government: Municipal Property Rates Act, No 6 of 2004;"Property rates policy" means a property rates policy adopted by the Municipality in terms of this by-law; and"Rate" or "rates" means a municipal rate on property as envisaged in section 229 of the Constitution.
2. Adoption and implementation of property rates policy
3. Contents of property rates policyThe Municipality's property rates policy shall, inter alia -
4. Enforcement of property rates policyThe Municipality's property rates policy shall be enforced throuh the Customer Care, Credit Control, Debt Collection and Indigent Support By-Law and Policy and any further enforcement mechanisms stipulated in the Municipality's property rates policy.
5. Statements or declarations
6. PenaltiesAny person who contravenes the provisions of section 5 shall be guilty of an offence and on conviction liable to the payment of a fine not exceeding one thousand rand or imprisonment for a period not exceeding 3 months or to such imprisonment without the option of a fine or to both such fine and such imprisonment.
7. 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.
8. Short titleThis by-law shall be known as the Property Rates By-law of Drakenstein Municipality, 2013.
9. 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