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This is the version of this By-law as it was from 7 December 2012 to 2 October 2014. Read the version currently in force.
Credit Control and Debt Collection By-law, 2010
- Published in Western Cape Provincial Gazette no. 6788 on 10 September 2010
- Commenced on 10 September 2010
- [This is the version of this document as it was from 7 December 2012 to 2 October 2014.]
- [Amended by Credit Control and Debt Collection: Amendment on 7 December 2012]
1. DefinitionsUnless 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 7.2.4 of 29 May 2012;"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.
3. Duty to collect debtsAll 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 servicesApplications for services and the provision of new services will be dealt with as set out in the policy.
6. Service agreement
7. DepositsThe 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 chargesThe 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 servicesThe 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 costsThe 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 paymentsThe 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. AttachmentThe Municipal Manager may, in order to recover debt, as a last resort, attach the debtor’s property.
15. Claim on rental for property ratesThe 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. IndigentsA debtor, who can prove indigence, will be dealt with as set out in the policy.
19. ApplicationThis 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 commencementThis 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 By-law
3 October 2014Read this version
7 December 2012 this version
10 September 2010Published in Western Cape Provincial Gazette no. 6788By-law commences.Read this version
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