Tariff By-law, 2023

 MSUKALIGWA LOCAL MUNICIPALITY    TARIFF BY-LAW, 2023    Published under Local Authority Notice 320 in  Mpumalanga Provincial Gazette  3549 of 30 June 2023.    To give effect to the implementation of the Msukaligwa Local Municipality s individual tariff policies and to provide for matters incidental thereto.     PREAMBLE    1.  Section 229 (1) of the Constitution of the Republic of South Africa authorizes a municipality to impose   (a) Rates on property and surcharges on fees for services provided by or on behalf of the Municipal, and   (b) If authorized by national legislation, other taxes, levies and duties.   2. In terms of  section 75A  of the Systems Act, 32 of 2000, a municipality may    (a) Levy and recover fees, charges or tariffs in respect of any function or services of the municipality, and   (b) Recover collection charges and interest on any outstanding debt.   3. In terms of  section 74 (1) of the Systems Act, 32 of 2000, 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 services 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.   4. In terms of  section 75 (1) of the Systems Act, 32 of 2000, a municipal council must adopt By-laws to give effect to the implementation and enforcement of its tariff polices.   5. In terms of  section 75 (2) of the Systems Act, 32 of 2000, 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.   BE IT THEREFORE ENACTED by the Council of the Msukaligwa Local Municipality, as follows -    TABLE OF CONTENTS      Definitions    1. Guiding principles in the determination of tariffs.    2. Application of By-law    3. Adoption and implementation of Tariff Policy    4. Enforcement of Tariff Policy    5. Short title and commencement          Definitions      In this By-Law any word or expression to which a meaning has been assigned in the Act, shall bear the same meaning in these By-laws, and unless the context indicates otherwise     "By law"  means a legislation that is made by a decision taken by the council of the municipality binding in the municipality on the persons to whom it applies and is published in terms of  section 13  of the Municipal Systems Act;    "Council"  means the council of the local municipality of Msukaligwa. A structure or person exercising delegated authority and power or carrying out an instruction in terms of these by laws or a service provider fulfilling the responsibility under these By-laws;    "Credit Control and Debt Collection By-law and policy"  means the Credit Control and Debt Collection Policy as required in terms of  section 96 (b) and  97  and  98  of the Local Government  Municipal Systems Act, (Act 32 No. of 2000).    "Tariff"  means fees, charges or any other tariffs levied by the council in respect of any function or service provided by the Council, excluding rates levied by the council in terms of the Local Government Municipal  Property Rates Act; Act 6 of 2004;    "Tariff policy"  means a tariff policy adopted by Council in terms of this By-law.    1. Guiding principles in the determination of tariffs      In the determination of tariffs the Council shall be guided by the following principles    I. Tariffs shall be equitable and affordable in that the amount due for municipal services should generally be in proportion to their use of that service;   II. Tariffs shall support national macro-economic policies and shall incorporate visions, strategies and economic policies of the Republic of South Africa   III. Tariffs shall be cost effective and cost reflective and should reflect the cost reasonably associated with rendering municipal services, including capital, operating, maintenance, administration, replacement costs and financing charges;   IV. Tariffs shall promote the sustainability of the provision of municipal services.    2. Application of By-law      This By-law shall only apply to tariffs applicable to the Council and municipal entities in respect of which the municipality is the parent municipality for    Fees, surcharges on fees, charges and tariffs in respect of municipal services, such as    I. provision of water;   II. refuse removal;   III. sewerage;   IV. removal and purification of sewerage;   V. electricity consumption;   VI. Municipal services provided through prepaid meters.   VII. all other related costs for services rendered in terms of the service   VIII. interest which has accrued or will accrue in respect of money due and payable to the Council;   IX. collection charges in those cases where the Council is responsible for   (aa) the rendering of municipal accounts in respect of any one or more of the municipal Services;   (bb) the recovery of amounts due and payable in respect thereof, irrespective whether the municipal services, or any of them, are provided by the Council itself or by a service utility with which it has concluded a service provider agreement to provide a service on the municipality s behalf.    3. Adoption and implementation of Tariff Policy      The council shall adopt and implement a tariff policy on the levying of fees for a municipal service provided by the council or by way of service delivery agreements which complies with the provisions of the Local Government  Municipal Systems Act, 32 of 2000, the Local Government Municipal Finance Management Act, 56 of 2003 and any other applicable legislation.    4. Enforcement of Tariff Policy      The Council s tariff policy shall be enforced through the Credit Control and Debt Collection By-law and policy and any further enforcement mechanism stipulated in the Council s tariff policy.    5. Short title and commencement      This By-law is the Tariff By-law and takes effect on the 01st of July 2023.     