This is the version of this By-law as it was from 10 September 2010 to 6 December 2012. Read the version currently in force.
Related documents
- Is amended by Credit Control and Debt Collection: Amendment
- Is amended by Credit Control and Debt Collection: Amendment
Matzikama
South Africa
South Africa
Credit Control and Debt Collection By-law, 2010
- Published in Western Cape Provincial Gazette 6788 on 10 September 2010
- Commenced on 10 September 2010
- [This is the version of this document as it was from 10 September 2010 to 6 December 2012.]
1. Definitions
Unless inconsistent with the context:"arrangement" means a written agreement entered into between the Council and a debtor where specific parameters for the payment of a debt are agreed to;"Council" means the municipal council of the Municipality;"debt" means any monies owing to the Council in respect of the rendering of services, and includes monies owing in regard to property rates."debtor" means any person who owes a debt to the Council;"due date" in the absence of any express agreement and in relation to-(a)rates, other than rates which are being paid by instalments, means the first day of July of the financial year for which such rate is determined, and(b)any service and rates which are being paid by instalments, means the date stipulated on the account and determined by the Council as the last date on which the account can be paid;"Municipal Manager" means the person appointed by the Council as the Municipal Manager in terms of section 82 of the Local Government: Municipal Structures Act, 1998;"Municipality" means the Municipality of Matzikama;"policy" means the credit control and debt collection policy of the Council as adopted by resolution 6.2.2 of 28 May 2010;"service" means any service rendered by the Council, in respect of which an account may be rendered; and"user" means a person to whom Council provides a service whether or not such a person has entered into an agreement with the Council for the supply of any service.2. Accounts
3. Duty to collect debts
All debts owing to the Council will be collected in accordance with the policy and no deviation is permissible without amendment to the policy.4. Payment of accounts
5. Provision of services
Applications for services and the provision of new services will be dealt with as set out in the policy.6. Service agreement
7. Deposits
The Council may require the payment of deposits for the provision of new services and the reconnection of services, or may adjust the amount of any existing deposit, as set out in the policy.8. Interest charges
The Municipal Manager will charge and recover interest in respect of any arrear debt as set out in the policy.9. Arrangements to pay arrears
10. Authority to restrict or disconnect supply of services
The Municipal Manager may restrict or disconnect the supply of water, gas or electricity, or discontinue any other service to the premises of any user under conditions as set out in the policy.11. Authority of Council to recover costs
The Municipal Manager must recover the following costs, in instances where such costs are incurred by or on behalf of the Council:12. Consolidation and crediting of accounts.
The Municipal Manager is authorised to-13. Appropriation of payments
The Municipal Manager is authorised to appropriate any payment by a user, firstly to the costs referred to in section 11, secondly to any interest charges due, and thereafter to the outstanding amount.14. Attachment
The Municipal Manager may, in order to recover debt, as a last resort, attach the debtor’s property.15. Claim on rental for property rates
The Municipal Manager must apply to a court for the attachment of any rent, due in respect of any rateable property, to cover in part or in full any amount in respect of property rates outstanding for a period longer than three months after the fixed date of payment in respect of such property.16. Full and final settlement payments
17. Indigents
A debtor, who can prove indigence, will be dealt with as set out in the policy.18. Delegations.
19. Application
This by-law does not apply to the lease of Council’s immovable property or any other immovable property administered by Council on behalf of an organ of state in another sphere of government, in so far as it relates to the collection of rental.20. Offences and penalties.
Any person who:21. Short title and commencement
This By-law shall be called the Credit Control and Debt Collection By-Law of the Matzikama Municipality and shall come into operation on the date of publication thereof in the Provincial Gazette.History of this document
03 October 2014
07 December 2012
10 September 2010 this version
Published in
Western Cape Provincial Gazette number 6788
Commences.