Taxonomies
Knysna
South Africa
South Africa
Credit Control, Debt Collection and Indigent Support By-law, 2008
- Published in Western Cape Provincial Gazette 6515 on 11 April 2008
- Commenced on 11 April 2008
- [This is the version of this document from 11 April 2008.]
1. Definitions
For the purposes of this By-law, unless the context otherwise indicates-"account holder" means any person who is due to receive a municipal account for services and includes a user of pre-paid electricity or water;"agent" in relation to the owner of a property, means a person appointed by the owner of the property-(a)to collect income in respect of the property on behalf of the owner; or(b)to effect payments in respect of the property on behalf of the owner;"annual budget" means the budget approved by the Municipality for any particular financial year, and includes any adjustments to such budget;"applicant" means a person who applies for municipal services;"billing" means invoicing by municipal account to an account holder of all municipal services and charges;"consumer" means the occupier of any premises to which the Municipality has agreed to supply or is supplying municipal services, or if there is no occupier, then any person who has entered into a service agreement with the Municipality for the supply of municipal services to such premises, or, if there be no such person, then the owner of the premises, and "domestic consumer" or " domestic user" of municipal services means the person or household to which municipal services are rendered in respect of residential property;"credit control" means all the functions relating to the collection of amounts owing to the Municipality;"due date" means the date specified as such on a municipal account for any charges payable and which is the last day allowed for the payment of such charges;"interest" means an amount calculated at a rate determined by the Municipality on a municipal account in arrears;"month" means any one of the 12 months of a calendar year;"municipal account" means an account rendered on which is billed an amount or amounts payable to the Municipality for rates, metered services, other municipal charges, levies, fees, fines, interest, taxes or any other amount or amounts payable arising from any other liability or obligation;"Municipality" means the Municipality of Knysna established in terms of section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 409 dated 28 August 2000 and includes any political structure, political office bearer, duly authorised agent thereof or any employee thereof acting in connection with this By-law by virtue of a power vested in the Municipality and delegated or sub-delegated to such political structure, political office bearer, agent or employee;"municipal manager" means the person appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act 117 of 1998);"municipal services" means all municipal services and charges for which payment is required by the Municipality;"occupier" means any person who occupies any premises or part thereof without regard to the title under which the person occupies, and includes-(a)any person in actual occupation of those premises;(b)any person legally entitled to occupy those premises;(c)in the case of those premises being subdivided and let to lodgers or various tenants, the person receiving the rent payable by such lodgers or tenants whether on the person’s own account or as agent for any person entitled thereto or interested therein;(d)any person having the charge or management of those premises, and includes the agent of any such person when the person is absent from the Republic of South Africa or his or her whereabouts are unknown; and(e)the owner of those premises;"officer" means an employee of the Municipality or any other person who is specifically authorised thereto by the Municipality to perform any act, function or duty in terms of, or exercise any power under this By-law;"person" includes a legal person and an organ of state;"policy" means the Council’s Credit Control Policy;"tampering" means any unauthorised interference with the Municipality’s supply, seals and metering equipment and "tamper" has a corresponding meaning;"unreliable customer" includes an account holder, who according to his or her payment record fails to settle his or her municipal account by the due date or who is in arrears with payments due to the Municipality or who tampers or interferes with metering equipment, seals or the supply of municipal services; and2. Purpose of this By-law
The purpose of this By-law is-3. Municipal manager responsible officer
The Municipal Manager-4. Differentiation between consumers and exemption
Chapter 1
Supply of municipal services and debt collection mechanisms
5. Application for supply of municipal services and service agreements
6. Credit screening
7. Deposits
8. Billing and payment
9. Termination of service agreement
10. Arrangements for payments
11. Interest on overdue municipal accounts
12. Debt collection mechanisms
13. Metering equipment and metering of services
The Municipality may introduce various types of metering equipment and may encourage an account holder to convert to a system which is preferred by the Municipality.14. Prepayment metering
15. Resale of water or electricity
Chapter 2
Indigence relief measures and other support
16. Requirements for indigence relief
17. Credit given
18. Committee for debtors support
19. Application for social rebate
The Municipality may upon receipt and consideration of written applications from those who qualify in terms of the Knysna Municipality Indigent Support Policy, grant a social rebate to persons receiving a government pension, government disability pension or government old age pension.20. Rate deferment
The Municipality may grant a rate deferment to pensioners, provided that the conditions set out in the Rates Policy are complied with.Chapter 3
Enforcement
21. The Municipality’s powers to restrict or disconnect supply of services
The Municipality may, over and above the provisions of any other provisions in this By-law restrict or disconnect the supply of water and electricity, or discontinue any other service to any premises if-22. Tampering, unauthorised connections and reconnections, and improper use
23. Clearance certificate
To effect the transfer of any immovable property from one registered owner to another, the Registrar of Deeds requires a clearance certificate, which certificate is obtainable from the Municipality, upon payment of the prescribed fee and subject to the conditions of section 118 of the Municipal Systems Act, 2000 (Act 32 of 2000) being met.24. Tenders and grants-in-aid
25. Power of the Municipality to recover costs
26. Prima facie evidence
A certificate reflecting the amount due and payable to the Municipality, signed by an authorised municipal officer of the Municipality, is upon mere production thereof prima facie evidence of the indebtedness of the person mentioned in it.27. Abandonment of bad debts, and full and final settlement of account
28. Power of entry and inspection
29. Authentication and service of orders, notices and other documents
Chapter 4
Miscellaneous provisions
30. Right of appeal
A person whose rights are affected by a decision delegated by the municipality may appeal against that decision by giving written notice of the appeal and the reasons therefore in terms of section 62 of the Local Government: Municipal Systems Act, Act 32 of 2000 to the municipal manager within 21 days of the date of the notification of the decision.31. Offences and penalties
A person is guilty of an offence and liable upon conviction to a period not exceeding six months of community service or a fine or a combination of the aforementioned if he or she-32. Transitional provision
A person who has been the owner of property within the Municipality before the commencement of this By-law must, if required by the Municipality and within a period determined by the Municipality, after the commencement of this By-law, enter into a new service agreement with the Municipality in terms of which such owner undertakes to be solely responsible for any municipal charges relating to each of such owner’s properties, failing which the supply of services to the property may be discontinued.33. Saving provisions and repeal
The provisions of any By-laws adopted by the Knysna Municipality or its legal predecessors disestablished in terms of section 3(1) of Provincial Notice 409 of 2000 dated 28 August 2000, and in force immediately before the commencement of this By-law are hereby repealed a far as they relate to matters provided for in this By-law, including By-laws promulgated by any of the administrative units of the former Local Authorities now incorporated in the Knysna Municipality.34. Short title and commencement
This By-law may be cited as the Knysna Municipality Credit Control, Debt Collection and Indigent Support By-laws and come into operation upon publication in the Provincial Gazette.History of this document
11 April 2008 this version
Cited documents 5
Act 5
1. | Local Government: Municipal Systems Act, 2000 | 4529 citations |
2. | Local Government: Municipal Structures Act, 1998 | 4396 citations |
3. | Insolvency Act, 1936 | 3645 citations |
4. | Magistrates' Courts Act, 1944 | 2733 citations |
5. | Constitution of the Republic of South Africa, 1996 | 601 citations |