(1) Section 229(1) of the Constitution authorises a municipality to impose rates on property;
(2) Section 3 of the Property Rates Act determines that a council of a municipality must adopt a policy consistent with the Property Rates Act on the levying of rates on rateable property in the municipality;
(3) Section 6(1) of the Property Rates Act determines that a municipality must adopt by-laws to give effect to the implementation of its rates policy.
BE IT ENACTED by the Cape Agulhas Municipality Council, as follows:
Property Rates By-Law of Cape Agulhas Municipality
In this By-Law,
"Constitution" means the Constitution of the Republic of South Africa, 1996;
"Municipality" means the Cape Agulhas Municipality;
"Property Rates Act" means the Local Government: Municipal Property Rates Act, 6 of 2004;
"rate" or "rates" means a municipal rate on property as envisaged in section 229 of the Constitution;
"rates policy" means the rates policy adopted by the Municipality in terms of the Property Rates Act and this by-law.
2. Adoption and implementation of rates policy(1)
The Municipality shall adopt a rates policy on the levying of rates on rateable property in the municipality.
The Municipality may implement such rates policy to give effect to it.
3. Content of rates policy
The Municipality’s rates policy shall be compiled in accordance with Section 3 of the Property Rates Act.
4. Statements or declarations4.1
make any false application, statement or declaration which will affect the rates payable on any property whether on his/ her own behalf or that of someone else;
refuse to report any amendments to an application, statement or declaration, referred to in sub-section 4.1, to the Municipality within 7 days after such occurrence.
Any person who contravenes the provisions of section 4 shall be guilty of an offence and on conviction liable to the payment of a fine not exceeding one thousand rand or imprisonment for a period not exceeding 3 months or to such imprisonment without the option of a fine or to both such fine and such imprisonment.
6. Short title
This By-Law shall be called the Property Rates By-Law of Cape Agulhas Municipality.