Local Authority Notice No. 17 of 2016

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Title	The Local Government » Municipal Systems Act (32/2000) » Emalahleni Local Municipality » By-laws relating to Property Rates
Gazette	Provincial Gazettes (Eastern Cape), No. 3593 of 15 February, 2016, 6 page(s), 158Kb

PROVINSIALE KOERANT,  15 FEBRUARIE 2016                  No. 3593    159

LOCAL AUTHORITY NOTICE 17 OF 2016
          
                                     LOCAL GOVERNMENT NOTICE
                                     EMALAHLENI LOCAL MUNICIPALITY

The Municipal Manager hereby publishes, in terms of section 13 of the Local Government:
                Municipal Systems Act, 2000 [Act No. 32 of 2000] read with section 162 of the Constitution
                of the Republic of South  Africa  Act 1996 [Act No.  108  of 1996] the by-laws  relating to
                Property Rates which come into operation on the date of publication thereof.
                BY –LAWS RELATING TO PROPERTY RATES
                PREAMBLE

WHEREAS the Council of the Municipality is vested with legislative authority in terms of the
                Constitution;
                WHEREAS section 229(1) of the Constitution authorizes a Municipality to impose rates on
                property and surcharges on fees for services provided by or on behalf of the Municipality.
                WHEREAS in terms of Section 3 of the Property Rates Act [Act No. 6 of 2004], a Municipal
                Council must adopt a policy consistent with the Property Rates Act on the levying of rates on
                rateable property in the Municipality.
                WHEREAS in terms of Section 6(1) of the Property Rates Act a Municipality must adopt by-
                laws to give effect to the implementation of its rates policy.

AND  WHEREAS  in  terms of Section 6(2) of the Property Rates  Act,  by-laws adopted in
                terms  of Section  6(2)  may differentiate  between  categories of properties,  and  different
                categories of owners of properties liable for the payment of rates.

NOW THEREFORE be it enacted by the Council as follows:
                [1]    INTERPRETATION
                In this By-law, the English text prevails in the event of any conflict with the Xhosa text, and,
                unless the context otherwise indicates:-
                “Act”  means  the Local Government: Municipal Property Rates  Act, No  6  of 2004 as
                amended and includes any regulations, directives and notices proclaimed, made or issued
                by a competent authority in terms thereof;
                “Constitution” means the Constitution of the Republic of South Africa;
                “Credit Control and Debt Collection Policy and By-Law” means the Credit Control and
                Debt Collection Policy and By-Law of the Municipality as required by Sections 96(b), 97 and
                98 of the Local Government: Municipal Systems Act, No. 32 of 2000;
                “Municipal Council” or “council” means the Municipal Council of Emalahleni Municipality;

“Municipality” means the Emalahleni Municipality;
                “Rate” or “rates” means a municipal rate on property as envisaged in section 229 of the
                Constitution;

“Rates Policy” means a Policy adopted by the Municipal Council in terms of this by-law.
                Any other words or expressions contained in this by-law shall have their meanings as per the
                Municipal Property Rates Act, No. 6 of 2004, as amended, as well as those contained in the
                Municipality’s Rates Policy.

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Local Authority Notice No. 17 of 2016

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