Buffalo City
South Africa
Tariff By-law,
2017
TO REGULATE THE SETTING OF TARIFFS WITHIN THE BUFFALO CITY METROPOLITAN AREAPROMULGATION OF THE TARIFFS BY-LAWNotice is given in terms of section 75(1) of the Municipal Systems Act 32 of 2000 that the following TARIFFS BY-LAW was approved by the Buffalo City Metropolitan Council Meeting held on 28 June 2017.1. Preamble
(1)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
"Municipality" means the Buffalo City Metropolitan."Tariff Policy" means the Tariff Policy adopted by the Municipality in terms of this By-Law."Constitution" means the Constitution of the Republic of South Africa."Credit Control and Debt Collection Policy" means the Municipalitie’s Credit Control and Debt Collection Policy as stipulated by sections 96(b) and 97 of the Systems Act."Systems Act" means the Local Government: Municipal Systems Act, (Act 32 of 2000)."Finance Management Act" means the Local Government: Municipal Finance Management Act, (Act 53 of 2003)."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).3. Objective
The 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 tariff policy
(1)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 tariff policy
The Municipality's Tariff Policy shall, inter alia:(1)Apply to all the tariffs fees 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 Credit Control and Debt Collection Policy.6. Enforcement of tariff policy
The Tariff Policy shall be enforced through the Credit Control and Debt Collection Policy and any further enforcement mechanisms stipulated in the Municipality's Tariff Policy.7. Repeal
The 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. Short Title and Effective Date
This By-law is the Tariff By-Law of the Buffalo City Metropolitan Municipality and shall take effect on 01 July 2017.
