RAYMOND MHLABA LOCAL MUNICIPALITY TARIFF BY-LAW
By-law published in Provincial Gazette number 4184 dated 11 February 2019Under the provisions of section 156 of the Constitution of the Republic of South Africa, 1996 the Raymond Mhlaba Local Municipality, enacts as follows:-
Section 229(1) of the Constitution authorizes a municipality to impose:
- rates on property and surcharges on fees for services provided by or on behalf of the municipality; and
- if authorized by national legislation, other taxes, levies and duties.
In terms of section 75A of the Systems Act a municipality may:
- levy and recover fees, charges or tariffs in respect of any function or service of the municipality; and
- recover collection charges and interest on any outstanding amount.
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 or by way of service delivery agreements and which complies with the provisions of the Systems Act, the Local Government: Municipal Finance Management Act, 53 of 2003 and any other applicable legislation.
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.
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.