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Tariff By-law, 2025

Tariff By-law, 2025
Jurisdiction
Swartland
Date
6 June 2025
Language
English
Type
By-law
Publication
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Swartland
South Africa

Tariff By-law, 2025

Under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996 the Swartland Municipality hereby enacts as follows:—

1. Preamble

(1)Section 229(1) of the Constitution authorises 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 authorised 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 of 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 itself 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 subsection 75(1) 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

In this by-law, the English text prevails in the event of any conflict with the Afrikaans text, and unless the context otherwise indicates—“Municipal Finance Management Act” means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003);“municipality” means the Swartland Municipality and includes any delegated official or service provider of the Municipality;“Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); and“tariff policy” means the Swartland Municipality tariff policy adopted by the council of the municipality in terms of this by-law.

3. Adoption and implementation of the tariff policy

(1)The municipality 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 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 a valid tariff policy.

4. Contents of the tariff policy

The municipality’s tariff policy shall, inter alia:—
(a)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;
(b)specify the manner in which the principles referred to in section 74(2) are to be implemented in terms of the tariff policy;
(c)specify the basis of differentiation, if any, for tariff purposes between different categories of consumers, service providers, services and service standards as long as such differentiation does not amount to unfair discrimination;
(d)include such further enforcement mechanisms, if any, as the municipality may wish to impose in addition to those contained in the Credit Control and Debt Collection By-law and Policy.

5. Application and enforcement of the tariff policy

(1)The tariff policy shall apply to all tariffs determined by the municipality during the annual budget process; provided that the municipality may determine tariffs during the course of a financial year when—
(a)a new service is introduced;
(b)no tariff for an existing service has previously been imposed; or
(c)it is necessary to correct a tariff already imposed.
(2)Payment of tariffs shall be enforced through this by-law, the Credit Control and Debt Collection By-law and any other enforcement mechanisms determined by the municipality.

6. Repeal

The Tariff By-law published in Provincial Gazette Extraordinary 7402 on 12 June 2015 is hereby repealed.

7. Short title and commencement

This by-law shall be known as the Tariff By-Law of Swartland Municipality and shall become effective on 1 July 2025.
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History of this document

01 July 2025
Commenced

Note: See section 7

06 June 2025 this version

Cited documents 3

Act
3
Constitution of the Republic of South Africa, 1996
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Local Government: Municipal Systems Act, 2000
Environment, Climate and Wildlife · Infrastructure and Transportation · Public administration
Local Government: Municipal Finance Management Act, 2003
Finance and Money

Documents citing this one 0