MODEL WATER BY-LAWS PACK.doc

8/22/2019 MODEL WATER BY-LAWS PACK.doc

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MODEL WATER BY-LAWS PACK

Credit Control and Debt CollectionBy-laws

Water Services By-laws

Water Services Tariff By-laws

Indigent By-laws

Water Services Intermediary andProvision of Water Services to Residents

On Privately Owned Land

Water Conservation and Water DemandManagement By-Laws

Revised Version 2011


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Publishedby

Department of Water Affairs

Chief Directorate: Water

Services Private Bag X313

Pretoria

0001

Republic of SouthAfrica

Tel: (012) 336

7500

Coordinated by: Directorate Water Services SectorDevelopment

CopyrightReserved

This publication may be reproduced only for non-commercial purposes and onlyafter appropriate authorization by the Department: Water Affairs has been provided.

Additional copies can be requested from the above address. No part of thispublication may be reproduced in any manner without full acknowledgement of the

source.

This document should be

cited as: Model Water By-

Laws Pack

Chief Directorate: Water

Services Department of

Water Affairs, Pretoria, South

Africa


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RECOMMENDATION:

Date Recommended:

Date Recommended:

APPROVAL:

Date Approved:

Title: Model Water By-Laws

Pack Author(s): Chief Directorate

Water Services Status of report: Final

version

Date of Issue: June 2011

DOCUMENT AUTHORISATION

Acting Director: Water Services Sector Development

Acting Chief Director: Water Services

Acting Deputy Director General: Policy and Regulation


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Acknowledgements

We appreciate the contribution by all departments and officials to thedevelopment of this model. The submission of all comments has addedmuch needed value to the review of the model. Those who havesubmitted formal comments are listed below, however we appreciatethe effort by all who have provided formal and informal comments viaworkshops, meetings, by telephone, email and the many informalchats.

Formal comments received:

DWA-WS Regulation,

DWA-WS Policy and Strategy

DWA-Water Use and Efficiency

DWA-Resource Protection and Waste

DWA Regions

Tshwane Metropolitan

Municipality EkurhuleniMetropolitan Municipality City

of Cape Town

eThekwini Metropolitan Municipality


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PREFACE

The Constitution of the Republic of South Africa (Act 108 of 1996)

allows municipalities to exercise their legislative authority bydeveloping their own by- laws. Section 21 (4) of the Water Services Act(Act 108 of 1997) states that the Minister may provide model by-lawsto be used as a guide to Water Services Authorities as they developand implement by-laws in terms of section 21 (1) of the Water ServicesAct.

The Department of Water Affairs and Forestry published modelwater services by-laws in 2001 and again in 2005. These model by-laws needed to be revised in line with subsequent experience anddevelopments. This document is the revised model water by-laws, a

guide for Water Services Authorities in developing their water servicesby-laws. The Water Services Act requires municipalities to make waterservices by-laws and the Local Government: Municipal Systems Act(Act 32 of 2000), requires municipalities to make tariff by-laws andcredit control and debt collection by-laws. These by-laws are meantto give effect to existing policies that have already been adoptedby the municipalities, that is, tariff, credit control and debt collectionpolicies.

The Department is pleased to release the revised model water by-lawsas a legislative instrument through which municipalities will give

effect to their policies, a critical instrument in ensuring themunicipalities sustainability.

The Department welcomes comments on this document that will informfuture versions thereof. Comments may be directed to:

The Directorate: Water Services SectorDevelopment, For the attention: Mr HumbulaniNevondoPrivate Bag

X313,PRETORIA0001

Tel: 012-3366689Fax: [email protected]
mailto:[email protected]:[email protected]


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.za

DIRECTOR

GENERAL DATE:
mailto:[email protected]:[email protected]


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EXECUTIVESUMMARY

Section 156(2) of the Constitution (Act 108 of 1996) allowsmunicipalities to exercise their legislative authority by developing their

own by-laws covering the area within their jurisdiction, however interms of Section 21(1) of the Water Services Act (Act 108 of 1997) andSection 75 and Section 98 of the Local Government: Municipal SystemsAct (Act 32 of 2000) municipalities are obliged to develop andpromulgate bylaws.

The purpose of this model is to provide guidance to, and assistmunicipalities in drafting and promulgating their water by-laws. A by-law is the regulatory instrument that is available to municipalities toexercise its authority.

In terms of the Strategic Framework for Water Services 2005 targets;all WSAs should have properly promulgated by-laws. WSAscompliance with the requirement is set to be verified by a registerheld by DWA. DWA published model by-laws in 2001 and again in2005. These model by-laws needed to be revised in line withsubsequent experience and developments in Drinking Water QualityRegulations and litigation that ensued between DWA, WSAs, WSPs andthe residents. This model therefore replaces the Model Credit Controland Debt Collection and Water Services By-laws published by theMinister in June 2005.

This model is primarily for councillors and officials at the localgovernment sphere, namely from the metropolitan, district and localmunicipalities.

The Modelcontains

Guidance on the legislative processes regulating the making ofby-laws;

Credit Control and Debt Collection By-laws;

Water Services By-laws;

Water Tariff By-Laws

Indigent By-laws;

Water Services Intermediary and Provision of Water Services to


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Residents on Privately Owned Land By-laws;

Water Conversation and Water Demand Management By-Laws;and

Extracts from the Water Services Act 108 of 1997, the LocalGovernment: Municipal Systems Act 32 of 2000 and theStrategic Framework for Water


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The model water by-laws included in the pack are comprehensive.

Municipalities must select appropriate sections and amend othersections to suit their needs. The model water by-laws should not beadopted as-are without a detailed assessment of which sections thereofare appropriate in the local circumstances.

By-laws are the legislation of municipalities, similar to the legislationmade by the National and Provincial Governments. However, by-laws that conflict with national or provincial legislation are invalid. By-laws are intended to give effect to the policies of municipalities.

Section 21 of the Water Services Act 108 of 1997 requires

municipalities to make water services by-laws which regulate theconditions for the provision of water services. Section 75 and section98 of the Local Government: Municipal Systems Act 32 of 2000 requiresmunicipalities to make tariff by-laws and credit control and debtcollection by-laws. Credit Control and Debt Collection By-Laws dealswith all monies that are due and payable to the municipality whereasTariff By- laws regulates the levying of fees for the water servicesprovided by the municipality.

Indigent by-laws regulate the provision of free services to thequalifying consumers.

The Strategic Framework for Water Services approved by Cabinet inSeptember2003 refers to the Water Services Authority (WSAs) universal serviceobligation- Water Service Authorities have a responsibility toensure that allpeople living within their jurisdiction are progressively providedwith at least basic water and sanitation services. This includespeople living on privatelyowned land and others who are provided by intermediaries. WSAs

should therefore set out the responsibilities of Water ServicesIntermediaries in their by-laws and ensure these areenforced.

Water Conservation and Water Demand Management By-Laws providesthe municipality with the tool to effectively protect its water resources.

The Local Government: Municipal Systems Act, 32 of 2000 requiresmunicipalities to first adopt a tariff policy and a credit control and


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debt collection policy and then to give effect to these policies in its by-laws. By-laws are, as stated above the legislative instrument throughwhich municipalities give effect to their policies and are a criticalinstrument in ensuring the municipalities sustainability. Policyimplementation without by-laws in place is unlawful.


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By-laws set out the relationship between the municipality, its serviceproviders and customers. By-laws should provide clarity in respect ofthe rights and responsibilities of the municipality, its service providersand customers.

By-laws are also a regulatory instrument against which themunicipalities can monitor their own performance or that of theirservice providers.

The model shall be communicated through interactive workshops withWSAs and directorates within the department.


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SECTIONA


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MODEL CREDIT CONTROL AND DEBT COLLECTION BY-LAWS......................1

CHAPTER 1: DEFINITIONS AND APPLICATION

1. Definitions

............................................................................................22. Application of By-laws...........................................................................6

CHAPTER 2: ASSESSMENT RATES..............................................................6

3. Amount Due for Assessment Rates.........................................................6

4. Claim on Rental for Assessment Rates in Arrears.....................................6

5. Assessment Rates Payable on Leased Municipal Property.........................7

CHAPTER 3: MUNICIPAL SERVICES............................................................7

Part 1: Application for Municipal Services....................................................7

6. Application for Services.........................................................................7

7. Special Agreements for Municipal Services..............................................9

8. Change in Purpose for which Municipal Services are Utilised.....................9

9. Termination of Agreements for Municipal Services...................................9

10 Property Developments ................................................................... .10

Part 2: Unauthorised Services ..................................................................

1011 Unauthorised Services...................................................................... 10

Part 3: Charges for Municipal Services...................................................... 11

12 Applicable Charges for MunicipalServices........................................... 11

13 Fixed Charges for Municipal


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Services.................................................. 11

14 Collection Charges............................................................................12

Part 4: Payment......................................................................................

1215 Payment of Deposit ..........................................................................12

16 Methods for Determining Amounts Due and Payable........................... 13

17 Payment for Municipal Services Provided............................................ 14

18 Full and Final Settlement of an Account............................................. 14

19 Responsibility of owner for Amounts Due and Payable by customer...... 15

20 Dishonoured Payments..................................................................... 15

21 Incentive Schemes ...........................................................................15

22 Pay-points and Approved Agents....................................................... 15


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Part 5: Accounts .....................................................................................16

23 Accounts .........................................................................................16

Part 6: Queries, Complaints andAppeals................................................... 17

24 Queries or Complaints in Respect of Accoun....................................... 17

25 Appeals Against Findings of Municipality in Respect of Queries or

Complaints .............................................................................................18

Part 7: Arrears........................................................................................20

26 Arrears ............................................................................................20

27 Interest .......................................................................................... .20

28 Final Demand Notice ........................................................................20

29 Failure of Customer to Pay Account or Enter into Agreement to PayArrear

Instalments ............................................................................................21

30 Recovery of arrears ..........................................................................22

31 General .......................................................................................... .22

Part 8: Agreement for the Payment of Arrears in Instalments..................... 22

32 Agreement for the payment of arrears in instalments

.......................... 2233. Additional Costs, Partial Settlement and Instalments.......................... 22

34 Failure to HonourAgreements.......................................................... 23

35 Re-connection of Services or Removal ofLimitation............................ 24

CHAPTER 4: OFFENCES ...........................................................................


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24

36 Offences.........................................................................................24

CHAPTER 5: DOCUMENTATION ...............................................................

2537 Delivery of Notices andDocuments................................................... 25

38 Authentication of Documents........................................................... 26

39 Prima Facie Evidence.......................................................................26

CHAPTER 6: GENERAL PROVISIONS.........................................................27

40 Customer care and Management27

41 Provision of Information ..................................................................27

42 Power of Entry and Inspection .........................................................27

43 Exemption ......................................................................................28


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44 Indemnification from Liability........................................................... 28

45 Availability of By-Laws...................................................................... 28

46 Conflict of Interpretation...................................................................29

47 Repeal of Existing Credit Control and Debt Collection By-Laws............. 29

48 Short Title and Commencement........................................................ 29

ANNEXURE A: APPLICATION FOR MUNICIPAL SERVICES ...........................30

SECTION B

MODEL WATER SERVICES BY-LAWS.........................................................35

CHAPTER 1: DEFINITIONS ......................................................................36

1. Definitions ..........................................................................................36

CHAPTER 2: APPLICATION OF CREDIT CONTROL AND DEBT

COLLECTION BY

LAWS...................................................................................................

.. 43

2. Application of By-laws .........................................................................43

CHAPTER 3: SERVICE LEVELS..................................................................44

3. Service Levels .....................................................................................

44CHAPTER 4: CONDITIONS FOR WATER SUPPLY SERVICES ........................44

Part 1: Connection to Water Supply System.............................................. 44

4. Provision of Water Supply ConnectionPipe............................................ 44

5. Location of Water Connection Pipe


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....................................................... 45

6. Disconnection of Water Installation from the Connection Pipes............... 45

Part 2: Standards....................................................................................

467. Quantity, Quality and Pressure............................................................. 46

8. Testing of Pressure in Water Supply Systems........................................ 46

9. Pollution of Water ...............................................................................46

10. Water Restrictions .............................................................................46

11. Specific Conditions of Supply..............................................................47

Part 3: Measurement...............................................................................48

12. Measurement of Quantity of WaterSupplied........................................ 48


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13. Measuring of Water Supply to Several Customers on the SamePremises ..

.............................................................................................................50

14. Quantity of Water Supplied to Customer............................................. 50

15. Special Measurement.........................................................................50

16. No reduction of Amount Payable for Water Wasted.............................. 50

Part 4: Audit...........................................................................................51

17. Water Audit ......................................................................................

51Part 5: Installation Work..........................................................................52

18. Approval of Installation Work .............................................................52

19. Persons Permitted to do Installation and Other Work........................... 53

20. Provision and Maintenance of WaterInstallations................................. 53

21. Technical Requirements for a Water Installation and an ElectricalStorage

Water Heater..........................................................................................54

22. Use of Pipes and Water Fittings to beApproved................................... 54

Part 6: Communal Water Supply Services................................................. 55

23. Water Supply from a CommunalStandpipe.......................................... 54

Part 7: Temporary Water Supply Services................................................. 55

24. Water Supplied from a Hydrant ..........................................................55

Part 8: Boreholes ....................................................................................55


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25. Notification of Boreholes.................................................................... 55

Part 9: Fire Extinguishing Connections and Installations............................. 56

26. Fire Extinguishing Connections........................................................... 56

27. Use of Water from a Fire Installation Connections................................ 57

CHAPTER 5: CONDITIONS FOR SANITATION SERVICES ............................58

Part 1: Connection to Sanitation System................................................... 58

28. Obligation to Connect to Sanitation System......................................... 58

29. Provision of Connecting Sewer........................................................... 59

30. Location of Connecting Sewer............................................................ 59


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31. Provision of One Connecting Sewer for Several Customers on SamePremises

.............................................................................................................60

32. Interconnection Between Premises..................................................... 60

33. Disconnection of Connecting Sewer.................................................... 61

Part 2: Standards....................................................................................61

34. Standards for SanitationServices........................................................ 61

Part 3: Methods for Determining Charges

................................................. 6135. Measurement of Quantity of Domestic Effluent Discharged................... 61

36. Measurement of Quantity and Determination of Quality of IndustrialEffluent

Discharged .............................................................................................61

Part 4: Drainage Installations...................................................................63

37. Technical Requirements for Drainage Installations............................... 63

38. Installation of Drainage Installations63

39. Approval of Drainage Installation Work............................................... 64

40. Persons Permitted to do drainage Installation and Other Work.............. 65

41. Use of Approved Pipes and Sanitation Fittings..................................... 65

42. Testing of Drainage Installations........................................................ 66

43. Disconnection of Drainage Installations............................................... 67

44. Maintenance of DrainageInstallations................................................. 67


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45. Drainage installation and Sewer Blockages.......................................... 68

46. Grease Traps ....................................................................................68

47. Mechanical Appliances for Lifting Sewage............................................ 69

Part 5: On-Site Sanitation Services and AssociatedServices........................ 70

48. Installation of On-Site Sanitation Services........................................... 70

49. Ventilated Improved Pit Latrines......................................................... 71

50. Septic Tanks and Treatment Plants

..................................................... 7251. French Drains ...................................................................................73

52. Conservancy Tanks ...........................................................................73

53. Operation and Maintenance of On-Site SanitationServices.................... 74

54. Disused Conservancy and Septic Tanks............................................... 74


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Part 6: Industrial Effluent ........................................................................75

55. Approval to Discharge IndustrialEffluent............................................. 75

56. Withdrawal of Approval to Discharge IndustrialEffluent........................ 75

57. Quality Standards for Disposal of Industrial Effluent............................. 76

58. Conditions for the Discharge of IndustrialEffluent................................ 76

Part 7: Sewage Delivered by RoadHaulage............................................... 78

59. Acceptance of Sewage Delivered by Road

Haulage............................... 7860. Approval for Delivery of Sewage by Road Haulage............................... 78

61. Withdrawal of Permission for Delivery of Sewage by Road Haulage....... 78

62. Conditions for Delivery of Sewage by Road Haulage............................. 79

Part 8: Other Sanitation Services..............................................................79

63. Stables and Similar Premises.............................................................. 79

64. Mechanical Food-Waste or Other DisposalUnits................................... 79

CHAPTER 6: UNAUTHORISED WATER SERVICES .......................................80

65. Unauthorised Services....................................................................... 80

66. Interference with Infrastructure for the Provision of Water Services...... 80

67. Obstruction of Access to Infrastructure for the Provision of WaterServices

.............................................................................................................81

68. Waste of Water .................................................................................81


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69. Unauthorised and UnlawfulDischarges................................................ 82

70. Unauthorised and Unlawful Re-Connections......................................... 84

71. Interference with Infrastructure......................................................... 84

72. Pipes in Streets or PublicPlaces.......................................................... 84

73. Use of Water from Sources Other than the Water Supply System.......... 85

CHAPTER 7: EMERGENCY SITUATIONS ....................................................86

74. Declaration of Emergency Situations

................................................... 86CHAPTER 8: NOTICES .............................................................................86

75. Power to Serve and Compliance withNotices....................................... 86

CHAPTER 9: APPEALS .............................................................................88

76. Appeals Against Decisions of the Municipality...................................... 88


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CHAPTER 10: OFFENCES .........................................................................88

77. Offences...........................................................................................88

CHAPTER 11: GENERAL PROVISIONS .......................................................89

78. Customer Care ..................................................................................90

79. Provision of Information ....................................................................91

80. Power of Entry and Inspection............................................................90

81. Indemnification from Liability

............................................................. 9182. Exemption ........................................................................................91

83. Conflict of Law ..................................................................................91

84. Repeal of Existing Municipal Water Services By-laws............................ 91

85. Transitional Arrangements................................................................. 92

86. Short Title andCommencement.......................................................... 92

SCHEDULE A: LIMITS OF CONCENTRATION OF SUBSTANCES THAT

MAY BE DISCHARGED TO THE MUNICIPALITYS SANITATION SYSTEM

................... 93

SCHEDULE B: APPLICATION FORM FOR THE DISCHARGE OF

INDUSTRIAL EFFLUENT TO THE MUNICIPALITYS SANITATION SYSTEM

........................ 95SCHEDULE C: FORMULA FOR THE CALCULATION OF EFFLUENT

DISCHARGE CHARGES

............................................................................................. 100

SECTION C

MODEL WATER SERVICES TARIFF BY-LAWS ...........................................


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102

1. Definitions ........................................................................................103

2. Application of By-laws .......................................................................

1043. Charges to be prescribed by the Council .............................................104

4. Charges may vary for different uses ...................................................104

5. Volumetric tariffs ..............................................................................105

6. Rising block tariffs for domestic use....................................................106

7. Quality related charges for industrial effluentdischarge........................ 107

8. Fixed Charges for Municipal Services ..................................................107

9. Deposits, connection fees and re-connection fees................................ 107


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10. Water services supplied to indigent customers................................... 108

11. Offences.........................................................................................108

12. Conflict of Interpretation..................................................................108

13. Repeal of Existing Municipal Water Services Tariff By-Laws................. 108

14. Short Title and Commencement........................................................109

SCHEDULE A: FORMULA FOR THE CALCULATION OF EFFLUENTDISCHARGE CHARGES110

SECTION D

MODEL INDIGENT BY-LAWS ..................................................................112

1. Definitions 113

2. Application of By Laws113

3. Registration as Indigent Person ..........................................................114

4. Subsidised Services for Indigent Customers.........................................115

5. Existing Arrears of Indigent Customers on Approval of Application........ 115

6. Audits ..............................................................................................116

7. De-Registration.................................................................................116

8. Availability of By-Laws 11

9. Conflict of Interpretation 11

10. Repeal of Existing Municipal Indigent By-Laws 11

11. Short Title and Commencement 11

Appendix A Application for Registration as an Indigent 11


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SECTION E

MODEL WATER SERVICES INTERMEDIARY AND PROVISION OF WATER

SERVICES TO RESIDENTS ON PRIVATELY OWNED LAND BY-LAWS

.......... 124

1. Definitions ........................................................................................125

2. Obligations of Water Services Intermediaries and Private Land Owner.. 126

3. Enrolment or Registration ..................................................................126

4. Grant Funding to Water Services Intermediaries.................................. 126


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5. Conditions for Grant Funding .............................................................127

6. Charges for Water Services Provided ..................................................128

7. Default by the Water Services Intermediary or Private Land Owner....... 128

8. Termination of Grant Funding ............................................................128

9. Conflict of Law..................................................................................129

10. Date of commencement...................................................................129

SECTION FMODEL WATER CONSERVATION AND DEMAND MANAGEMENT BY-LAWS.. 130

1. Definitions ........................................................................................131

2. General ............................................................................................131

3. Water ..............................................................................................131

4. Sanitation.........................................................................................131

5. Outdoor Watering/Landscaping ..........................................................131

6. Other Pipes and Taps ........................................................................132

7. Industrial and Commercial Focus ........................................................132

ANNEXURE A:.......................................................................................135

EXTRACTS FROM THE LEGISLATION THAT SETS OUT WHAT MUST BE

ADDRESSED IN BY-LAWS

...................................................................... 135

EXTRACTS FROM THE STRATEGIC FRAMEWORK FOR WATER SERVICES,


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2003

...........................................................................................................145


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LEGISLATIVE FRAMEWORK TO THEPACK

The LegislativeFramework

The Water Services Act 108 of 1997 and the Local Government:Municipal Systems Act 32 of 2000 are the two primary pieces oflegislation that require municipalities to have by-laws in respect ofspecific matters and specifies matters to be addressed therein.

Water Services Act 108 of 1997:

Requires water services by-laws

Local Government: Municipal Systems Act 32 of2000: Requires tariff by-lawsRequires credit control and debt collection by-laws

The provisions of the Municipal Systems Act relating to tariffs andcredit control and debt collection must also be studied when draftingwater services by-laws.

ProvincialLegislation

In making by-laws it is further important to determine whether there isprovincial legislation that prescribes any matters to be addressed inwater services, tariff or credit control and debt collection by-laws.

Why Make Separate By-Laws for Credit Control and DebtCollection; Water Services; Water Services Tariff; Indigents,

Water Services Intermediary and Provision of Services toResidents on Privately Owned Land and Water Conservationand Demand Management By- Laws?

The Water Services Act, 1997 does not require that all matters whichhave to be dealt with in by-laws by municipalities must be included inthe same by-laws. Matters such as tariffs and credit control and debtcollection may be included in other by-laws, and not necessarily thewater services by-laws.


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It follows that the water services by-laws of the municipality mayinclude matters such as those relating to tariffs, credit control anddebt collection (including


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matters such as subsidised services and indigent customers). But, ifthey do, the extent to which they address those matters must beinformed by

the types of accounts rendered by the municipality and its

water services providers;

the structure of the water services function within themunicipality; and

the risk of their creating conflicting by-laws by their being so

included. Regardless of whether a single account is rendered to

customers for all municipalservices provided by a municipality, or whether a separate account isrendered for water services, it is advisable to include the legislativerequirements thatrelate to credit control and debt collection in the municipalitys creditcontrol anddebt collection by-laws, and not in its water servicesbylaws.

To include tariff and credit control and debt collection matters in thewater services by-laws of the municipality, where the latter has generalcredit control and debt collection by-laws, may result in duplication or

conflict between the by- laws.

THE LEGISLATIVE PROCESSES REGULATING THE MAKING OF BY-

LAWS Which legislation regulates the making of By-Laws?

The Constitution of the Republic of South Africa (Act 108of 1996)Section 156(2) of the Constitution statesthat-

a municipality may make and administer by-laws for the effectiveadministration of matters which it has the right to administer

Municipal Systems Act (Act 32 of2000)

The Municipal Systems Act sets out the processes that must befollowed when a municipality makes by-laws.

What does the Municipal Systems Act


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say?

The Act provides asfollows-

Section 11(3) of the MSA clearly sets out the manner in which a

municipality exercises its legislative or executive authority,;-

Section 11(3)(e)- implementing applicable national and

provincial legislation and its by-laws


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Section 11(3)(m)- empowers municipalities to pass by-laws

Section 12 of the MSA sets out the legislative procedures to be

followed in the passing of by-laws:-

Section 12(3) - No by-law may be passed by a municipal council unless-

a) All the members of the council have been given reasonable

notice; and b) The proposed by-laws has been published for

public comment in a

manner that allows the public an opportunity to make

representations with regard to the proposed by-law

Section 13 of the Act requires the Publication of

by-laws:- A by-law passed by a municipal council-

a) Must be published promptly in the Provincial Gazette, and whenfeasible,

also in a local newspaper or in any other practical way to

bring the contents of the by-law to the attention of the

local community; and

b) Takes effect when published or on a future date

determined in or in terms of the by-law

The Act does defines local community and community, in

relation to a municipality as meaning- a body of persons

comprising-

a) the residents of the


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municipality b) the ratepayers

of the municipality


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c) any civic organisation and non-governmental, private sector

or labour organisations or bodies which are involved in local

affairs within the municipality; and

d) visitors and other people residing outside the municipality

who, because of their presence in the municipality, make use

of the services or facilities provided by the municipality

Section 21 of the Act sets out how communications to the local

community must be done. In terms of this section, the municipality

should notify the local community through- Local newspapers;newspapers determined by council as a newspaper of record and by

means of radio broadcasts covering the area. Furthermore the section

states that this notification must be in the official languages

determined by the council.

The Act further in Section 21A sets out the manner which documents

that must be made public by a municipality in terms of legislation is to

be conveyed to the local community. In terms of this section, the

documents should be displayed at the municipalitys offices and on its

official website, if available.

The following process is therefore

recommended: That-

the draft by-laws ( in the official languages in which the noticecalling for public comment should be published, if the Municipal

Council has not done so already) be approved for consultation by

a resolution of the Municipal Council;


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the notice calling for public comment must be published in

the official languages determined by the municipal council.

The notice calling for public comment must include a

statement:

stating what is addressed in the by-laws published forcomment

inviting the public to submit written comments in

connection with the draft by-laws before or on a specified

date or within a specified period;

to whom and how comments should be submitted

(postal and physical address, fax number and email

address)

that copies of the draft by-laws may be obtained from

the Government Printer or from the office of the

Municipal Manager against payment of nominal fee;

that the draft by-laws are available for inspection at the

offices, the satellite offices and library of the municipality

every weekday between the hours of 8:00 and 16:00

that the draft by-laws are available for inspection on

the official website of the municipality (include websiteaddress)

that members of the community that cannot read or write

may visit the municipalitys offices (name of official to be

specified) during

the above office hours where assistance will be


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provided in transcribing their comments or

representations


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that members of the community that wish to have the draft

by-laws explained to them in a different language, may

visit the municipalitys offices (name of official to be

specified) during the above office hours where assistance

will be provided.

The notice calling for public comment be published for public

comment in the Provincial Gazette for a period of at least 14

(fourteen) calendar days

The same notice as published in the provincial gazette, is

published in the local newspapers or, if the municipality has

determined a newspaper or newspapers of record, in such

newspaper or newspapers;

Radio broadcasts covering the area of the municipality informs

the community of the proposed by-laws and provide information

on where the by-laws are available for inspection and how

comments may be made;

On the expiry of the period allowed for public comment, all

comments be reviewed and amendments, if necessary, be

affected to the by-laws;

The draft by-laws be submitted to the Municipal Council for

promulgation

The by-laws are published in the Provincial Gazette and take

effect on publication or on a future date stated

Provincial Legislation


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In making by-laws it is further important to assess if there are

provincial legislation that may prescribe the manner in which by-

laws must be consulted and promulgated, as there are provinces

that have legislation in this regard.


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The Municipal

Code

Section 15 of the Systems Act, 2000 requires a municipality to compileand maintain in bound or loose-leaf form, and when feasible also inelectronic format, a compilation of all of its by-laws, including anyprovisions incorporated by reference as by-laws of the municipality.This compilation, to be known as the municipal code, must beconstantly updated and annotated and kept at the municipalitys headoffices as its official record of all applicable by-laws.

A municipality, at the request of a member of the public, mustprovide that person with a copy of or an extract from its municipalcode against payment of a reasonable fee determined by the municipalcouncil.

Once all by-laws are promulgated by a municipality it must be includedin their municipal code.


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SECTIONA

MODEL CREDIT CONTROL AND DEBTCOLLECTION BY-LAWS

(ADOPTED BY RESOLUTION OF THE MUNICIPAL COUNCIL OF )

The District/Local Municipality of . (the municipality) herebypublishes theCredit Control and Debt Collection By-Laws set out below, in termsof section156(2) of the Constitution of the Republic of South Africa, 1996and in accordance with section 13(a) of the Local Government:Municipal SystemsAct 32 of 2000.


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CHAPTER 1: DEFINITIONS ANDAPPLICATION

1.Definitions

For the purpose of these by-laws, any word or expressions towhich a meaning has been assigned in the Local Government:Municipal Systems Act32 of 2000 or the Local Government Municipal Finance ManagementAct 56 of2003 shall bear the same meaning in these by-laws and unless thecontext indicates otherwise and a word in any one gender shall beread as referringalso, to the other two genders, and where figures are referred to innumerals and in words and there is any conflict between thetwo, the words shallprevail

account means a notification by means of a statement of accountto a person liable for payment of any amount for which he or she is

liable to pay the municipality in respect of municipal servicesprovided or property rates

Act in these by-laws means the Local Government: MunicipalSystems Act32 of2000;

approved means approved by the municipality inwriting;

arrears means any amount that is due, owing and payable by acustomer in respect of a municipal service or property rates thathas not been paid on or before the due date and includes collectioncharges and interest in respect of the amount in arrears;

authorised official or agent means any official or agent of themunicipality who has been authorised by the municipal council toadminister, implement or enforce the provisions of these by-laws orto grant any approval in terms of these by-laws;

"by-law" means a by-law approved by the municipal council andgazetted in the provincial gazette;

commercial customer means a customer other than a


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domestic customer, including, but not limited to, a business,industrial, governmental or an institutional customer;

connection means the point at which a customer gains

access to municipal services;

customer means a person with whom the municipality hasconcluded, or is deemed to have concluded, an agreement toprovide any municipal service; and includes a consumer as definedin the Water Services Act 108 of 1997


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customer management means the focusing on the accountholders needs in a responsive and proactive way to encouragepayment and thereby limiting the need for enforcement

domestic customer means a customer who uses municipal

services primarily for domestic purposes;

due date means the date on which an amount payable in respectof an account becomes due, owing and payable by the customer,which date shall be not less than 21 days after the date on whichthe account has been sent to the customer;

estimated consumption means the consumption that acustomer, whose consumption is not measured or accuratelymeasured during a specific period is deemed to have consumedduring a specific period, based on an estimate by the municipalityon rational grounds such as the average consumption of municipalservices by the users of a service within the area where the serviceis rendered or the average consumption of municipal services by thecustomer during a prior or later period;

household means a family unit, as determined by themunicipality as constituting a household by taking into account thenumber of persons comprising a household, the relationshipbetween the members of a household, the age of the persons whoare members of it and any other factor that the municipality

considers to be relevant;

interest means interests as may be prescribed by the Minister ofJustice in terms of section 1 of the Prescribed Rate of Interest Act,1975;

meter means any water meter, electricity meter or device thatenables the quantity of services provided to be measured andincludes a pre-payment meter;

municipalitymeans

(a) the municipality, a local / district

municipality; (b) the municipal council;

(c) the municipal manager; or

(d) an authorised official or agent of the municipality;

municipal services means services provided by a municipality,including refuse removal, water supply, sanitation, and electricityservices;


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occupier means any person who occupies any, or any part of anypremises without regard to the title under which he or she sooccupies it;


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ownermeans

(a) the person in whose name the ownership of the premises is

registered or his agent;

(b) the person in whom the administration and control ofsuch premises is vested as curator, trustee, executor,administrator, judicial manager, liquidator or other legalrepresentative;

(c) where the municipality is unable to determine the identityof the owner, a person who has a legal right in, or thebenefit of the use of, any premises, building, or any part of

a building, situated on them;

(d) where a lease has been entered into for a period of 30(thirty) years or longer, or for the natural life of the lesseeor any other person mentioned in the lease, or is renewablefrom time to time at the will of the lessee indefinitely or fora period or periods which, together with the first period ofthe lease, amounts to 30 years, the lessee or any otherperson to whom he has ceded his right title and interestunder the lease, or any gratuitous successor to the lessee;

(e) in relation to

(i) a piece of land delineated on a sectional planregistered in terms of the Sectional Titles Act 95 of1986, the developer or the body corporate in respectof the common property, or

(ii) a section as defined in the Sectional Titles Act 95of 1986, the person in whose name such section isregistered under a sectional title deed and includesthe lawfully appointed agent of such a person; or

(iii) a person occupying land under a register held by atribal authority or in accordance with a sworn affidavitmade by a tribal authority;

person means any person, whether natural orjuristic;

"pre-payment meter" is a device that includes a mechanism thatlimits the volume of service supplied to a customer to a

predetermined free amount per month and or an amount inproportion to the amount pre-paid by the customer;

"prescribed" means adopted by means of a Council


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resolution.


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premises means any piece of land, the external surfaceboundaries of which are delineated on

(a) a general plan or diagram registered in terms of the LandSurvey

Act 8 of 1997, or in terms of the Deeds Registries Act 47of 1937;

(b) a sectional plan registered in terms of the Sectional TitlesAct 95 of

1986; or

(c) a register held by a tribal authority or in accordance with asworn affidavit made by a tribal authority;

property means

(a) immovable property registered in the name of a person,including, in the case of a sectional title scheme, asectional title unit registered in the name of a person;

(b) a right registered against immovable property infavour of a person, excluding a mortgage bond registeredagainst the property;

(c) a land tenure right registered in favour of a person or

granted to a person in terms of any law; or

(d) public service infrastructure;

"rates" means a municipal rate on property levied in terms ofthe LocalGovernment: Municipal Property Rates Act, 2004, or any prior law;

unauthorised services includes, but is not limited to

a) Services itself that was not approved

b) The installation, by means of which access to theservice was gained, was made by an unauthorised person

c) The fittings or other components are not

approved d) The service was utilised for an

unapproved use

"working day" means a day, other than a Saturday, Sundayor public holiday.


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2. Application of By-laws

These by-laws apply in respect of amounts of money due and

payable to the municipality for rates, deposits, services charges,collection charges; arrears and interest which has or will accrue inrespect of the fore mentioned.

CHAPTER 2: ASSESSMENT RATES

3. Amount Due for AssessmentRates

(1) Assessment rates form part of the customers consolidatedaccount and consolidated debt.

(2) An owner is responsible for paying assessment rates from thedate that the property is transferred into the owners name.

(3) Joint owners of property shall be jointly and severally liablefor the payment of assessment rates.

(4) Assessment rates shall be levied in equal monthly instalments;and shall be included in the municipal account.

(5) A property owner remains liable for the payment ofassessment rates included in municipal accounts,notwithstanding the fact that

(a) the property is not occupied by the owner thereof; or

(b) the municipal account is in the name of a person otherthan the owner of the property.

(6) Payment of assessment rates may not be deferredbecause of an objection to the valuation reflected in thevaluation roll.

4. Claim on Rental for Assessment Rates inArrears

The municipality may apply to court for the attachment of any rentdue in respect of rateable property to cover any amount outstanding

in respect of assessment rates.


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5. Assessment Rates Payable on LeasedMunicipal

Property

For the purpose of liability for assessment rates, the lessee ofmunicipal property shall be deemed to be the owner of the propertyfor the duration of the lease.

CHAPTER 3: MUNICIPAL SERVICES

Part 1: Application for Municipal Services

6. Application forServices

(1) No person shall, subject to the provisions of sub-section (4) beprovided with access to a municipal service unless

(a) an application has been made in writing to the municipalityon an approved form substantially similar to the formattached as Annexure A to these by-laws or other approvedform;

(b) all information and documentation indicated on theapplication form or that has been separately requested bythe municipality has been furnished;

(c) the prescribed deposit has been paid;

(d) the application form has been co-signed by the owner ofthe property or the agent of the owner; and

(e) the municipality has approved the application in writing.

(2) If an applicant for a municipal service is in arrears in respect ofany - municipal service provided by the municipality, anapplication for a new service in terms of this section may not beapproved before -

(a) such arrears are paid; or

(b) an agreement for payment of the arrears has beenentered into and payment in terms of such agreement isnot in arrears.

(3) An application for services that has been submitted by anapplicant and approved by the municipality shall constitute a


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written agreement between the municipality and that applicant,and such agreement shall take effect on the date stipulated inthe agreement or if such date is not stipulated, then on the datethat the municipality approved such application.


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(4) If, at the commencement of these by-laws, municipalservices are provided by the municipality to a person and nowritten agreement exists in respect of such services, themunicipality may continue providing services to that person for

a period of 6 (six) months following the commencement of thesebylaws, in order to allow that person time to comply with sub-section (1) and an agreement shall be deemed to exist betweenthe municipality and that person for that period of 6 (six)months.

(5) Any existing customer, or the trustee, liquidator, judicial manageror curator of such customer, may be required by the municipalityto make an application in order to enter into a new serviceagreement to replace an existing agreement of the customerconcerned, and to pay a deposit or an additional deposit,notwithstanding the fact that an existing service agreementexists.

(6) The municipality must, when an application for the provision ofmunicipal services has been made to it, inform the applicant ofthe levels of services that are available and the applicable tariffsor charges then current, and, if already approved, the followingyear's tariffs or charges, associated with each level of service.

(7) The municipality is not obliged to provide a higher level of

service than is available in that area of supply.

(8) Where more than one level of service is available in an area ofsupply, a customer may at any time apply for an alteration to thelevel of services that was elected in terms of an agreement, andthe municipality may approve such an application subject to adeposit and the conditions applicable to the applied for level ofservice.

(9) The municipality must assist an illiterate person understand andcomplete an application form.

(10) Municipal services rendered to a customer are subject to theprovisions of these by-laws, any other applicable by-laws andthe conditions contained in the agreement.

(11) If the municipality

(a) refuses an application for the provision of municipalservices or a specific service or level of service; or

(b) is unable to render a municipal service;

it must, within 14 (fourteen) working days of refusing theapplication or of becoming aware of its inability to provide the


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services inform the applicant


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of the refusal or its inability, and must furnish the reasons for itsrefusal or inability.

7. Special Agreements for Municipal

Services

The municipality may enter into a special agreement for theprovision of municipal services with an applicant

(a) if the services applied for requires the imposition ofconditions not contained in or attached to the prescribedapplication form or in these by-laws;

(b) if the applicant is to receive subsidised

services; or

(c) if the premises to be provided with such services aresituated outside the municipalitys area of supply, and if themunicipality having jurisdiction over the area within whichthe premises are located approves such a specialagreement.

8. Change in Purpose for which Municipal

Services are utilised

Where the purpose for, or extent to which, any municipal service ischanged, the customer must promptly make an application to themunicipality for the new use and enter into a new agreement withthe municipality.

9. Termination of Agreements for MunicipalServices

(1) A customer may terminate an agreement for municipal servicesby giving at least 14 (fourteen) working days written notice to themunicipality.

(2) The municipality may on 14 (fourteen) working days writtennotice terminate an agreement for municipal services wherepremises have been vacated by the customer and noarrangement for the continuation of the agreement has beenmade with the municipality.

(3) A customer shall remain liable for all arrears and applicablecharges that are payable for municipal services rendered prior tothe termination of an agreement.


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10. Property Developments

(1) A property developer must give the municipality prior notice of atleast 14 (fourteen) working days before an infrastructure is ableto render a municipal service or services to an area which is thesubject of development.

(2) A property developer who fails to comply with the provisions ofsub- section (1) shall be liable for the payment of all charges thatwould otherwise have been payable by customers in respectof municipal services that have been used or consumed.

Part 2: Unauthorised Services

11. Unauthorised Services

(1) No person may gain access to municipal services unless it is interms of an agreement entered into with the municipality for therendering of those services.

(2) The municipality may, irrespective of any other action it maytake against a person in terms of these by-laws,

(a) by written notice of 14 (fourteen) working days

(i) order a person who is using unauthorised servicesto apply for such services; and undertake any workthat may be necessary to ensure that the customerinstallation, by means of which access was gained,complies with the provisions of these or any otherrelevant by-laws, or

(ii) rectify the non-compliance and recover the cost from

the unauthorised user; or

(b) disconnect the service,


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(3) A person who gains access to municipal services in a mannerother than in terms of an agreement entered into with themunicipality for the rendering of those services shall be liable topay for any services that are utilised or consumed in breach ofthese by-laws, notwithstanding any other actions that may be

taken against such a person. If the services are not measuredconsumption will be estimated on the basis of the averageconsumption of services to the specific area within which theunauthorised connection was made or on some other equitablebasis.

Part 3: Charges for Municipal Services

12. Applicable Charges for MunicipalServices

All applicable deposits, tariffs and charges payable in respect ofmunicipal services and assessment rates must be prescribed by themunicipal council in accordance with

(a) its tariff

policy; (b) its by-

laws; and

(c) any act, ordinance or regulations made in terms ofnational or

provincial legislation.

NOTE: REGULATIONS UNDER SECTION 10 OF THE WATERSERVICES ACT 108 OF 1997 MAKES PROVISION FOR THEFOLLOWING:-

>Regulation 8 allows for a fixed charge to be levied>Regulation 9 allows for a connection fee to be charged>Regulation 10 allows Water Service Institutions torecover costs incurred in regularising unauthorisedconnections

13. Fixed Charges for MunicipalServices

The municipal council may, in addition to the charges prescribed formunicipal services actually provided, levy a fixed charge for eachbilling period for which municipal services are available,irrespective of whether or not the services are, or are not, used.


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14. CollectionCharges

The municipality may in addition to any charge, tariff, levy or

payment of any kind referred to in these by-laws, recover from acustomer any collection charges incurred by it in implementingthese by-laws, including -

(a) the cost of reminding customers of arrears;

(b) the cost of the termination, restriction and reinstatement ofmunicipal services;

(c) the costs of any notice rendered, sent or delivered interms of these by-laws;

(d) any legal costs incurred in the recovery of arrears;

(e) any commission and other expenses relating to therecovery of arrears payable by the municipality to anyperson or partnership; and

(f) bank or other charges incurred in respect of dishonouredcheques or negotiable instruments.

NOTE: SEE SECTION 75A OF THE LOCAL GOVERNMENT:MUNICIPAL SYSTEMS ACT 32 OF 2000 REGARDING THE GENERALPOWERS OF MUNICIPALITIES TO LEVY AND RECOVER FEES,CHARGES AND TARIFFS

Part 4:Payment

15. Payment of Deposit

(1) The municipal council may prescribe deposits that mustaccompany an application for services and may prescribedifferent deposits for different levels of services, purpose of use,size of connection, supply area, estimated or actual consumption,date of application and whether or not the customer haspreviously defaulted.

(2) A deposit determined by the Municipal Council must be paid onapplication for a municipal service and no service may be

rendered until such deposit has been paid.

(3) The municipal council may revise the deposits payable in terms


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of sub- section (1) and


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(a) require that an additional amount of money be depositedby a customer if the deposit is less that the most recentdeposit prescribed by the municipal council; or

(b) refund to a customer whatever amount of money held by

the municipality as a deposit which is in excess of the mostrecent deposit prescribed by the municipal council.

(4) If a customer is in arrears, the municipality may require the

customer to (a) pay a deposit if that customer has not

previously been required topay a deposit; or

(b) pay an additional deposit.

(5) A deposit is neither a payment, nor a part payment, of anaccount but if an account is in arrears, the municipality may setoff the deposit against the arrears.

(6) No interest shall be payable by the municipality on any deposit

held by it. (7) On the termination of an agreement a deposit is

refundable to thecustomer on settlement of all arrears, but if any arrears are stilldue, thedeposit may be set off by the municipality against such arrears.

(8) A deposit shall be forfeited to the municipality if it has notbeen claimed by the customer within 12 (twelve) months of thetermination of an agreement.

16. Methods for Determining Amounts Due and

Payable

(1) The municipality must progressively install meters at allcustomer connections for those municipal services that arecapable of being metered, with the exception of domesticsewage connections, and must read all measured services on aregular basis.

(2) The municipality may make an estimate of the quantity of aservice consumed for any relevant period if

(a) no meter has been installed to measure the consumptionon the premises concerned, or


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(b) no meter reading was obtained in respect of the period

concerned. (c) where a meter is found to be faulty.


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(3) If a meter reading is taken after a customer has beencharged for an estimated consumption, the account following areading of the metered consumption must state the differencebetween the actual consumption and the estimatedconsumption, and reflect the resultant credit or debit

adjustment.

(4) Where services are provided by a metered communal work, theamount that customers must pay for gaining access to, andutilizing, the communal services shall be based on theshared or estimated consumption of that service.

(5) The municipality must inform customers of the methodused in determining what is due and payable in respect ofmunicipal services used by them.

(6) The municipality should as far as is reasonably possible ensurethat all customers are provided with a schedule of the meterreaders to ensure the municipalitys unobstructed access to thepremises at all reasonable times.

17. Payment for Municipal Services Provided

(1) A customer shall be responsible for the payment of all municipalservices rendered to the customer from the commencement date

of the agreement or from the date that the service was firstsupplied, whichever is earlier, until the customers account hasbeen paid in full and the municipality shall be entitled torecover all payments due to it.

(2) If a customer uses a municipal service for a use other than thatfor which is provided in terms of an agreement, and if the actualuse should have been charged at a higher or lower charge thanthat charged in terms of the agreement, the municipality mayrecover from or reimburse, as the case may be, the customer the

difference between the charge for the actual use and the chargefor the use in terms of the agreement.

(3) If amendments to the applicable charge become operative on adate between meter reading dates the municipality may, forthe period between the meter reading dates, estimate theamount of the service consumed before the change in the chargeand the amount of the service consumed after the change in thecharge.

18. Full and Final Settlement of an Account

Where an account is not settled in full, any lesser amount


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tendered to, and accepted by, the municipality shall not be a fulland final settlement of such


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an account despite the fact that the payment was tendered 'in fulland final settlement', unless the municipality accepts in writing thatthe payment is 'in full and final settlement' of the account.

19. Responsibility of owner for Amounts Due andPayable by customer

(1) An owner of premises shall be liable for the payment of anyamount that is due and payable to the municipality by thecustomer for the preceding two years, if the municipality, afterhaving taken reasonable steps to recover from a customer anyamount due and payable by the customer could not do so;provided that the municipality may only recover from the owner ifthe owner has signed the application for services that was

submitted by a customer.

(2) If, at the commencement of these by-laws municipalservices are rendered and received by any person at thepremises, and if no written agreement exists in respect of thoseservices, until the customer enters into an agreement for theprovision of services with the municipality, the owner is deemedto have signed the application for services.

20. Dishonoured

Payments

It shall constitute a default of payment where any payment made tothe municipality by cheque or other negotiable instrument isdishonoured.

21. IncentiveSchemes

The municipal council may prescribe incentive schemes toencourage customers to pay their accounts before the due date or topay their arrear accounts.

22. Pay-points and ApprovedAgents

(1) A customer must pay his account at any authorised pay-point orthrough an authorised collection agent or by electronic

transfer to the municipality's bank account.

(2) The municipality must include the location of pay-points, the list


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of authorised collection agents and its bank details on themunicipal accounts.


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Part 5:Accounts

23. Accounts

(1) Accounts must be rendered monthly to customers at thecustomers last recorded address or electronically.

(2) Where in the opinion of the municipality it is not necessaryor cost effective to render accounts to customers who consumeonly subsidised services or prepaid services, the municipal councilmay, notwithstanding sub-section (1), not render accounts tothose customers.

(3) The amount due and payable by a customer constitutes aconsolidated debt, and any payment made by a customer of anamount less than the total amount due, will be allocated inreduction of the consolidated debt in the following order:

(a) interest;

(b) collection costs

(c) arrears;

(d) the current account.

(4)(a) Any amount paid by a customer in excess of an existing debtmay be held in credit for the customer and set off againstfuture amounts payable.

(b) No interest is payable by the municipality on any amountcontemplated in sub-section (a).

(5) Accounts must be paid not later than the last date for payment

specified there in.

(6) Failure by the customer to receive or accept an account does notrelieve a customer of the obligation to pay any amount that maybe due and payable.

(7) The municipality must, on request, issue a duplicateaccount to a customer at the prescribed charge.

(8) Accounts for municipal services must reflect at

least the (a) services rendered;


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(b) consumption of metered services or the average,shared or estimated consumption;

(c) period addressed in the account;

(d) applicable charges and assessment

rates; (e) subsidies;

(f) amount due (excluding the value added tax

payable); (g) value added tax;

(h) adjustment, if any, to metered consumption whichhas been

previously estimated;

(i) arrears;

(j) interest payable on any

arrears; (k) collection charges;

(l) final date for payment; and

(m) methods, places, approved agents where payment

may be made.

Part 6: Queries, Complaints and Appeals

24. Queries or Complaints in Respect of Account

(1) A customer may lodge a query, complaint or objection relating tothe accuracy of any amount stated to be due and payable in an

account that has been rendered to that customer.

(2) A query, complaint or objection must be lodged with themunicipality in writing before the due date of payment of theaccount.

(3) The municipality must assist an illiterate person lodge anobjection.

(4) An objection to a meter reading or an estimated quantity doesnot absolve the customer from paying the account but thecustomer may make a payment based on the averageconsumption for the preceding three months instead of on theobjected quantity.


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(5) The municipality must record the query, complaint orobjection and provide the customer with a reference number.

(6) The municipality

(a) shall investigate or cause the query, complaint or objectionto be investigated ; and

(b) must within 14 (fourteen) working days after thequery or complaint was registered inform the customer, inwriting, of its finding.

25. Appeals against Findings of Municipality inRespect of

Queries or Complaints

(1) A customer may appeal in writing against a finding of themunicipality with regard a query, complaint or objection to anaccount.

(2) An appeal in terms of sub-section (1) must be made in writingand lodged with the municipality manager within 14 (fourteen)working days after the customer was notified of the municipality'sfinding with regard a query, complaint or objection to an account

and must

(a) set out the reasons for the appeal; and

(b) be accompanied by a deposit, if any, as prescribed by themunicipal council.

(3) The municipality may, on appeal by a customer, instruct thatcustomer to pay the full amount appealed against.

(4) The customer is liable for all other amounts, falling due and

payable during the adjudication of the appeal.

(5) An appeal must be decided by the municipality and the customermust be informed of the outcome in writing, within 21 (twenty-one) working days after an appeal was lodged.

(6) If the municipality decides to reject the query, or complaint orobjection, the customer must pay any amounts found to bedue and payable in terms of the decision within 14 (fourteen)working days of being informed of the outcome of the appeal.

(7) The municipality may condone the late lodging of appeals orother procedural irregularities.


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(8) If it is alleged in an appeal that a meter is inaccurate, the metermust be replaced or the meter must be subjected to a standardtest as determined by the municipality to establish its accuracyand the customer must be informed of the estimated cost of sucha test prior to such test being undertaken.

(9) If the outcome of any test shows that a meter is

(a) within a prescribed range of accuracy, the customer willbe liable for the costs of the test and any other amountsoutstanding, and those costs will be debited in thecustomers account;

(b) is outside a prescribed range of accuracy, the municipalitywill be liable for the costs of such test and the customermust be informed of the amount of any credit to whichhe is entitled as a consequence of any inaccuracy.

(10) A deposit referred to in sub-section (2)(b), shall be-

(a) retained by the municipality if the meter is found notto be defective; or

(b) refunded to the applicant to the extent that it exceeds theamount payable in respect of quantity determined inaccordance with sub- section (11)(b), if the meter is found

in terms of that sub-section to be defective.

(11) In addition to sub-sections (9) and (10) the municipalitymust if the meter is found defective

(a) repair the meter or install another device in good workingorder, without charge to the customer, unless the cost ofdoing so is recoverable from the customer in terms of theseor any other by- laws of the municipality; and

(b) determine the quantity of municipal services for which

the customer will be charged in lieu of the quantitymeasured by the defective meter by taking as a basis forsuch determination, and as the municipality may decide

(i) the quantity representing the average monthlyconsumption of the customer during the threemetered periods preceding the month in respect ofwhich the measurement is disputed and adjustingthat quantity in accordance with the degree of errorfound in the reading of the defective meter;


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(ii) the average consumption of the customer during thesucceeding three metered periods after the defectivemeter has been repaired or replaced; or

(iii) another equitable method.

NOTE: SEE SECTION 62 OF THE LOCAL GOVERNMENT: MUNICIPALSYSTEMS ACT 32 OF 2000 IN RESPECT OF APPEALS IN RESPECT OFDELEGATED AUTHORITY

Part 7:Arrears

26. Arrears

(1) If a customer fails to pay the account on or before the due date,a final demand notice may be hand delivered or sent byregistered post to the most recent recorded address of thecustomer and to the owner of the premises.

(2) Where the municipality is aware that persons occupying thepremises other than the household of the customer will beaffected by a termination or limitation of supply, themunicipality must, in addition to the requirement in sub-

section (1) attach a final demand notice at or near the frontentrance of the premises.

(3) Failure to deliver or to send a final demand notice does notrelieve a customer from paying arrears.

27. Interest

Interest may be levied on arrears at the prevailing market rate.

28. Final Demand Notice

A final demand notice must contain the following statements:

(a) the amount in arrears and any interest and collectioncharges payable;

(b) that the customer may apply within 7 (seven) working daysof the date of the final demand notice submit an application

to enter into an agreement to pay the arrears ininstalments;


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(c) that if such an application is not approved or no suchagreement is entered into within the stated period and if nopayment is received within that specified municipalservices will be limited or disconnected;

(d) that legal action may be instituted against any customerfor the recovery of any amount in arrears, interest and forany collection charges;

(e) that the account may be handed over to a debt collectorfor collection; and

(f) that if relevant, proof of registration, as an indigentcustomer, in terms of these by-laws must be handed in atthe offices of the municipality before the final date of thefinal demand notice.

29. Failure of Customer to Pay Account or Enter into

Agreement to Pay Arrear Instalments

(1) Where the account has not been paid and an agreement has notbeen entered into with the municipality within 7 (seven)working days of the date of the final demand notice, themunicipality may limit or disconnect the municipal services forwhich a customer is in arrears provided that a domesticcustomers access to water supply services and sanitationservices may not be disconnected or limited to below the levelof service of a basic supply as defined in the water servicesbylaws.

(2) The municipality may limit a domestic customers access towater and sanitation services to a basic service by

(a) reducing the flow of water to the customer to a flow ofnot less than 10 litres per minute; or

(b) and only in cases where the customer is not connected toa municipal sewer, by disconnecting in-house and yardconnections and making an alternative water supplyservices available to the domestic customer, whichalternative service may consist of a basic water supplyservice as prescribed by the Minister of Water Affairs interms of the Water Services Act, 1997.

(3) The costs associated with the limitation or disconnection ofmunicipal services shall be at the cost of the customer and shall

be included in the arrears amount due and payable by thecustomer.


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NOTE: IN TERMS OF SECTION 4(3) OF THE WATER SERVICES ACT, AMUNICIPALITY MAY LIMIT OR DISCONTINUE WATER SERVICESUNLESS THE PERSON WHO DEFAULTED PROVES, TO THESATISFACTION OF THE WSA, THAT HE IS UNABLE TO PAY FOR BASICSERVICES

30. Recovery of arrears

(1) Where the account has not been paid and an agreement has notbeen entered into with the municipality within 7 (seven)working days of the date of the final demand notice, themunicipality may

(a) institute legal action against a customer for therecovery of the arrears; or

(b) cede the customers account to a debt collector forcollection.

(2) A customer will be liable for collection charges, interest and anypenalties, including the payment of a higher deposit, asprescribed by the municipal council.

31. General

The municipality will not be liable for any loss or damagesuffered by a customer owing to municipal services having beenlimited or disconnected.

Part 8: Agreement for the Payment ofArrears in

Instalments

32. Agreement for the payment of arrears ininstalments

(1) No customer will be allowed to enter into an agreement for thepayment of arrears in instalments where that customer failed tohonour a previous agreement for the payment of arrears ininstalments, unless the municipality, in its sole discretion,permits the customer to do so.

(2) An agreement with a customer for the payment of arrears ininstalments must be countersigned by the owner of the premises.


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33. Additional Costs, Partial Settlement andInstalments

(1) The costs associated with entering into agreements for the

payment of arrears in instalments and the limitation ordisconnection of municipal


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services in arrears shall be included in the arrears amountdue and payable by the customer.

(2) No agreement for the payment of arrears shall provide for thepayment of arrears over a period in excess of 24 (twenty-four)

months;

(3) The municipality must, in determining the instalments payablein respect of any arrear amounts and the time period over whichthe arrear amounts must be paid, take the following factors intoaccount:

(a) the credit record of the

customer; (b) the amount in

arrear;

(c) the customers average consumption of municipal

services; (d) the level of service provided to the

customer;

(e) any previous breaches of agreements for the payment ofarrears in instalments; and

(f) any other relevant factors.

(4) The municipality may, after taking into account the factorsreferred to in sub-section (3), require a customer to pay anadditional amount on entering into an agreement for the paymentof arrears, in addition to the current account, representing apercentage of the amount in arrears.

(5) The municipality may, when a customer enters into anagreement or any time afterwards, limit the municipal services tobasic municipal services.

34. Failure to HonourAgreements

If a customer fails to comply with an agreement for the payment ofarrears in instalments, the total of all outstanding amounts, will beimmediately due and payable and the municipality may on 7 (seven)working days notice

(a) limit or disconnect the municipal services specified inthe final demand notice,


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(b) institute legal action for the recovery of the arrears; and

(c) hand the customers account over to a debt collector or anattorney for collection.


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35. Re-connection of Services or Removal ofLimitation

(1) An agreement for payment of the arrears amount in instalments,

entered into after municipal services were limited ordisconnected, may not provide for full services to be restoreduntil

(a) the current account, the first instalment payable in termsof the agreement for payment of the arrears in instalmentsand collection charges, including payment of a higherdeposit, are paid in full; or

(b) a written application by the customer for re-connection orremoval of limitation on services, on the ground of

having made timeous and full payment of instalments andcurrent amounts due and payable has been approved bythe municipality.

(2) In addition to any payments referred to in sub-section (1), thecustomer must pay the re-connection fee, as prescribed by themunicipal council, prior to the re-connection of municipal servicesby the municipality.

(3) Municipal services shall be restored within 7 (seven) workingdays after a customer has complied with the provisions