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This is the latest version of this By-law.
Tariff By-law, 2021
- Published in Western Cape Provincial Gazette no. 8466 on 23 July 2021
- Commenced on 23 July 2021
- [This is the version of this document from 23 July 2021 and includes any amendments published up to 13 May 2022.]
1. Preamble1.Section 229(1) of the Constitution authorizes a municipality to impose:(a)rates on property and surcharges on fees for services provided by or on behalf of the municipality; and(b)if authorized by national legislation, other taxes, levies and duties.2.In terms of section 75A of the Systems Act a municipality may:(a)levy and recover fees, charges or tariffs in respect of any function or service of the municipality; and(b)recover collection charges and interest on any outstanding amount.3.In terms section 74(1) of the Systems Act, a municipal council must adopt and implement a tariff policy on the levying of fees for a municipal service provided by the municipality or by way of service delivery agreements and which complies with the provisions of the Systems Act, the Municipal Finance Management Act and any other applicable legislation.4.In terms of section 75(1) of the Systems Act, a municipal council must adopt by-laws to give effect to the implementation and enforcement of its tariff policy.5.In terms of section 75(2) of the Systems Act, by-laws adopted in terms of section 75(1) of the Systems Act may differentiate between different categories of users, debtors, service providers, services, service standards and geographical areas as long as such differentiation does not amount to unfair discrimination.
2. Interpretation"Constitution" means the Constitution of the Republic of South Africa."Credit Control and Debt Collection Policy" means the Municipality's Customer Care, Credit Control and Debt Collection Policy as stipulated by sections 96(b) and 97 of the Systems Act."Finance Management Act" means the Local Government: Municipal Finance Management Act, (Act 53 of 2003)."Municipality" means the Kannaland Municipality (WC041)."Systems Act" means the Local Government: Municipal Systems Act, (Act 32 of 2000)."Tariff" means fees, charges or any other tariffs levied by the Municipality in respect of any function or service provided by the Municipality, excluding rates levied by the Municipality in terms of the Local Government: Property Rates Act, (Act 6 of 2004)."Tariff List" means the list of the Tariffs applicable and in respect of any function or service provided by the Municipality. This list is approved by Council during the annual budget process."Tariff Policy" means the Tariff Policy adopted by the Municipality in terms of this By-Law.
3. ObjectiveThe objective of this By-Law is to give effect to the implementation of the Tariff Policy as contemplated in section 74(1) of the Systems Act.
4. Adoption and implementation of the Tariff Policy1.The Municipality shall adopt and implement a Tariff Policy on the levying of fees for a municipal service provided by the Municipality or by way of service delivery agreements which complies with the provisions of the Systems Act, the Municipal Finance Management Act and any other applicable legislation.2.The Municipality shall not be entitled to impose tariffs other than in terms of the valid Tariff Policy.
5. Contents of the Tariff PolicyThe Municipality's Tariff Policy shall, inter alia:1.Apply to all the tariffs (as per the Tariff List) imposed by the Municipality pursuant to the adoption of the Municipality's annual budget.2.Reflect the principles referred to in section 74(2) of the Systems Act and specify any further principles for the imposition of Tariffs which the Municipality may wish to adopt.3.Specify the manner in which the principles referred to in paragraph 4(2) above are to be implemented in terms of the Tariff Policy.4.Specify the basis of differentiation, if any, for tariff purposes between the different categories of users, debtors, service providers, services, service standards and geographical areas as long as such differentiation does not amount to unfair discrimination.5.Include such further enforcement mechanism, if any, as the Municipality may wish to impose in addition to those contained in the Customer Care, Credit Control and Debt Collection Policy.
6. Enforcement of the Tariff PolicyThe Tariff Policy shall be enforced through the Customer Care, Credit Control and Debt Collection Policy and any further enforcement mechanisms stipulated in the Municipality's Tariff Policy.
7. RepealThe provisions of any by-laws relating to Tariffs by the Municipality are hereby repealed insofar as they relate to matters provided for in this By-Law.
8. InterpretationThis By-Law must be read in conjunction with the Tariff Policy.
9. Operative dateThis By-Law is the Tariff By-Law of Kannaland Municipality and shall take effect on the date on which it is published in the Provincial Gazette.
History of this By-law
23 July 2021 this versionPublished in Western Cape Provincial Gazette no. 8466By-law commences.