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Customer Care, Credit Control and Debt Collection By-law, 2022
- Published in Western Cape Provincial Gazette no. 8627 on 7 July 2022
- Commenced on 7 July 2022
- [This is the version of this document from 7 July 2022 and includes any amendments published up to 17 March 2023.]
1. PreambleTo give effect to the Municipality’s Customer Care, Credit Control and Debt Collection Policy and/or to regulate its implementation and enforcement in the Kannaland Municipal Area (WC041) in terms of section 156(2) of the Constitution of the Republic of South Africa (Act 108 of 1996) and sections 96 and 98 of the Municipal Systems Act (Act 32 of 2000); to provide for the collection of all monies due and payable to the Municipality; and to provide for matters incidental thereto.
2. InterpretationIn this By-law, unless context indicates otherwise—“Arrangement” means a written agreement entered into between the Municipal Manager and a debtor where specific terms and conditions for the payments of a debt are agreed to;“Arrears” means any amount due and payable to the Municipality and not paid by the due date;“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;“Council” means the council of the Municipality of Kannaland;“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 regarding 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 a 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 and included in the Indigent Policy from time to time;“Interest” means a rate of interest, charged on overdue accounts, which is one percent higher that, 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 Kannaland and includes any municipal entity established by such municipality;“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 and Debt Collection 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, 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 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 and Debt Collection Policy;“Total household income” or “household income” means the total formal and informal gross income of all people living permanently or temporarily on the property on which the account is based; and“User” means a person who has applied for an entered into an agreement with the Municipality for the supply of a service.
3. Duty to collect debtAll debt owing to the Municipality must be collected in accordance with this By-Law and the relevant policy.
4. 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.
5. 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.
6. 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.
7. Interest chargesThe Municipality may charge and recover in respect of any arrear debt, a prescribed in this By-law and the policy.
8. Arrangements to pay arrears
9. Agreements with a debtor's employerThe Municipal Manager may—
10. Power to restrict or disconnect supply of service
11. Recovery of debtSubject to section 9, the Municipal Manager, must with regards to rates, and may, with regards to other debt—
12. Recovery of costsThe Municipal Manager may recover the following costs, in instances where such costs are incurred by or on behalf of the Municipality—
13. 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.
14. Claim on rental for outstanding debtThe Municipal Manager may, in terms of section 28 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.
15. Full and final settlement payments
16. Consolidation of a debtor's accounts
17. IndigentsA debtor, who can prove indigence, will be dealt with as prescribed in the policy.
18. DelegationThe Municipal Manager may delegate any of his or her powers in terms of this By-Law or the policy to any employee or official of the Municipality subject to applicable legislation.
19. Offences and penaltiesAny person who—
20. Debt Write-OffAny debt deemed to be uncollectable should be treated in terms of the Council approved Bad-Debt Write-Off Policy that will also be given effect by this By-law, as it should be read with the Customer Care, Credit Control & Debt Collection Policy of the municipality.
21. Short title and commencementThis By-Law may be cited as the Customer Care, Credit Control and Debt Collection By-Law and commences on the date of publication thereof in the Provincial Gazette.
History of this By-law
7 July 2022 this versionPublished in Western Cape Provincial Gazette no. 8627By-law commences.
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