Credit Control By-law, 2015
- Published in Gauteng Provincial Gazette 408 on 15 September 2015
- Commenced on 15 October 2015
- [This is the version of this document from 15 September 2015 and includes any amendments published up to 28 April 2023.]
1. DefinitionsIn these by-laws words used in the masculine gender include the feminine, the singular includes the plural and vice versa and, unless the context otherwise indicates:-“Arrangement” means a written agreement entered into between the Council and the debtor where specific repayment parameters are agreed to.“Council” means the municipal council as referred to in Section 157 of the Constitution.“Credit Control” means all the functions relating to the collection of monies owed by ratepayers and the users of municipal services.“Customer” means any occupier of any premises to which the Council has agreed to supply or is actually supplying services, or if there is no occupier, then the owner of the premises and includes any debtor of the Municipality.“Defaulter” means any person owing the Council arrear monies in respect of taxes and/or service charges.“Effective Date” shall mean 30 days from the date of publication and promulgation of the same on the Provincial Gazette.“Municipal Manager” means the person appointed as Municipal Manager by the municipal council in terms of section 82 of the Local Government: Municipal Structures Act, 1998 [Act 117 of 1998] as amended and includes a person acting in this position.“Occupier” means any person who occupies any premises or part thereof, without regard to the title under which he or she so occupies.“Owner” means(a)The person in whom from time to time is vested the legal title to premises;(b)In a case where the person in whom the legal title is vested is insolvent or dead, or is under any form of legal disability whatsoever, the person in whom the administration of and control of such premises is vested as curator, trustee, executor, administrator, judicial manager, liquidator or other legal representative;(c)In a case where the council is unable to determine the identity of such person, a person who is entitled to the benefit of such premises with a building thereon;(d)In the case of premises for which a lease of 30 years or more has been entered into, the lessee thereof;(e)In relation to –(i)A piece of land delineated on a sectional plan registered in terms of the Sectional Titles Act 1986, (Act 95 of 1986), and without restricting the above the developer or the body corporate in respect of the common property, or(ii)A section as defined in such Act, the person in whose name such a section is registered under a sectional title deed and includes the lawfully appointed agent of such a person(f)any legal person including but not limited to:(i)A company registered in terms of the Companies Act, 1973 (Act 61 of 1973), a Trust, a Closed Corporation registered in terms of the Closed Corporations Act, 1984 (Act 69 of 1984) and a Voluntary Association.(ii)Any Department of State.(iii)Any Council of Board established in terms of any legislation applicable to the Republic of South Africa.(iv)Any Embassy or other foreign entity.“Premises” includes any piece of land, the external surface boundaries of which are delineated on:(a)A general plan or diagram registered in terms of the Land Survey Act, (9 of 1927) or in terms of the Deed Registry Act, 47 of 1937; or(b)A sectional plan registered in terms of the Sectional Titles Act, 95 of 1986, which is situated within the area of jurisdiction of the Council.“Financial Officer” means a person appointed by the Council to manage, inter alia, the Council’s financial administration and debt collection of the Council’s debtors and includes any person acting in this position.
2. Credit control policy
3. Power to restrict or disconnect supply of services
4. Sales in execution
5. Power of entry and inspection
6. Arrangements to pay outstanding and due amounts in consecutive instalments
7. Reconnection of servicesThe Financial Officer shall authorize the reconnection of services or the reinstatement of service delivery after satisfactory payment and/ or arrangements for payment has or have been made by the debtor in accordance with the Council’s Credit Control Policy.
8. General provisions
9. Power of Council to recover costs
10. Service agreementNo supply of services shall be given unless and until application has been made by a customer on the prescribed form and a service agreement has been entered into between such customer and the Municipality and a deposit as security equal to an amount as determined by the Council from time to time has been paid in full by such a customer.
11. Assessment rates
12. Relaxation, waiver and differentiation
13. Reporting of defaultersThe Council may, in its discretion and through a duly delegated employee report such persons that owe the Council monies to bodies that collate and retain such information. The information that would be included in such a report shall be available personal information on the defaulter, or in the event of a legal person, the available statutory details, including information pertaining to the responsible officers of such legal persons.
14. Repeal of Council credit control by-lawsThe provisions of any by-law or by-laws relating to the control of credit by the Council of any Council now comprising an administrative unit of the Council are hereby repealed
15. OffencesAny person who-
7. Short titleThese by-laws shall be known as the Credit Control Bylaws
8. Effective dateThese by-laws shall come into operation thirty days from the date of promulgation and publication of the same on the provincial gazette .
16. Conflict and repealing of the by-lawsIf there is any conflict between these by-laws the policy, these by-laws will prevail.All the By–Laws with the same title promulgated previously by the Lesedi Local Municipality will, from the date of promulgation of this By-Law, repealed.
History of this document
15 October 2015