PART 2 SUPPORTING DOCUMENTATION
2.4 O VERVIEW OF BUDGET - RELATED POLICIES AND B Y -L AWS
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Further detail relating to the number of households receiving FBS, the cost of FBS, highest level of FBS and revenue cost associated with FBS is contained in Table 31 MBRR A10 (Basic Service Delivery Measurement) on page 80.
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Annexure D1 – MEDIUM TERM POLICY Minor Changes
Annexure D2 - PRICING POLICY Metro
5. VARIOUS CATEGORIES OF PRICING
The exception will be the indigent category where a person will qualify for grants, rebates and free basic services based on the indigent status as soon as the person has been approved as indigent and included in the formal indigents register of Council.
Insert new paragraph
City
The exception will be approved and deemed indigent category where a person or property will qualify for grants, rebates and free basic services based on status or residential property value.
Households within the following categories of properties will be deemed to be indigent households, if -:
(a) the property is used for residential purposes only as reflected in General Valuation roll;
(b) residential exclusion as per Property Rates Act 2004 (Act No 6 of 2004) is applicable to property;
(c) municipal value of property does not exceed maximum value R150 000.
Households within City of Ekurhuleni listed Un- proclaimed Townships will be deemed to be indigent households, if:
(a) Property identified as Un-proclaimed Township not registered in Deeds Office.
(b) Proclaimed property is registered in name of City of Ekurhuleni and included in general valuation roll.
(c) Provisional value of individual developed residential property, as determined by City of Ekurhuleni municipal valuer, will not exceed maximum value of R 150 000 on date of valuation.
(d) Account in respect of Basic Services is held with Council in the name of the household;
6. ASSESMENT RATES PRICING Existing Policy
Average Monthly earnings in respect of preceding 12 months.
R0.00 to R 3 440.00
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(2 x State pensions when amended)
100 % rebate on property rates R3,440.01 to R7,350.00 85% rebate on property rates R7,350.01 to R10,750.00 70% rebate on property rates R10,750.01 to R11,900.00 55% rebate on property rates R11,900.01 to R17,800.00 40% rebate on property rates Revised Policy
Average Monthly earnings in respect of preceding 12 months.
R0.00 to R 3,560.00
(2 x State pensions when amended)
100 % rebate on property rates R3,560.01 to R7,440.00 85% rebate on property rates R7,440.01 to R11,160.00 70% rebate on property rates R11,160.01 to R14,880.00 55% rebate on property rates R14,880.01 to R18,600.00 40% rebate on property rates Annexure D3 – PROPERTY RATES
2. DEFINITIONS
Insert New Paragraphs “Category”
Means the category in relation to properties for the purpose of levying different rates, and category in relation to different owners of properties for the purpose of granting exemptions, rebates and
reductions. Legal
“Child Headed Households”
Is deemed to be a household that is headed by a minor dependent or child under the age of 18 years who has assumed the role of care-giver in respect of the children in the household and is also
responsible for management of such households, due to the parent/s guardian or care-giver of the household who was the registered owner/ account holder/ legal tenant of the property who is terminally ill, deceased or abandoned the children in that household.
Legal: Indigent Policy
“Relief”
means exemptions, reductions or rebates that may be granted by the City in terms of this Policy.
Legal 3.3 STRATEGIC FOCUS
There is no (g) in the section
Insert paragraph(g)
(g) in developing or amending this policy, the Council commits itself to a process of community
participation as envisaged in section 4 of the Act and chapter 4 of the Municipal Systems Act, 2000 (Act No 32 of 2000) (MSA). In addition to the requirements laid down in the MSA, the Council will engage interested parties and structures, such as
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ratepayer organisations, directly in the process of community participation. In addition, use will be made of established community consultation structures, such as Ward committees, to ensure thorough participation with regard to the afore-
mentioned process. Legal 3.4 OBJECTIVES OF THE
POLICY
There is no (f) in the section – insert point (f) or renumber the section (f) not discourage the development of property
(g) ensure that all persons liable for rates are treated equitably as required by the Act.
(f) encourage the development of property;
(g) ensure that all persons liable for rates are treated fairly and equitably as required by the Act.
Legal 4.2 The Council has
determined the following categories of property for purposes of rating:
4.2 The Council in terms of section 8 of the Act has determined the following categories of property for
purposes of rating: Legal 4.3 The Council may
determine additional categories of rateable property, provided that the determination of such property categories does not circumvent the categories of rateable property that must be determined in terms of subsection of the act
4.3 The Council may determine additional categories of rateable properties, provided that such
determination in relation to property does not circumvent the categories of rateable property that must be determined in terms of subsection 4.2 of this policy and section 8 of the Act
Legal
4.4 The Council has
determined the following ratios relevant to each category to the rate on residential properties for
purposes of tariff rating
4.4 The Council has determined the following ratios in accordance with each category of property and to the rate on residential properties for purposes of tariff rating.
Legal 7.MULTIPURPOSE
PROPERTIES
7.1 Where two thirds or more of a property is used for residential purposes, the whole property will be placed in the residential category. The two third dominant use will apply. If
7.1 (a) Where two thirds or more of a property is used for residential purposes, the entire property will be placed in the residential category. The two third dominant use will apply.
(b) If more than one third is used for purposes other than residential, the entire property will be
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more than one third is used for purposes other than residential, the entire property will be placed in the use category
applicable to more than one third uses.
placed in the use category applicable to more than one third uses.
Legal - Amended
9.2 The Council may determine other categories of owners of property for purposes of exemptions, reductions, rebates and differential rating as the Council may from time to time identify.
9.2 The Council may from time to time determine and identify other categories of owners of property for purposes of exemptions, reductions, rebates and differential rating.
10. CRETERIA FOR EXCEMPTIONS, REDUCTIONS AND REBATES
Insert point (d)
(d) Social or economic conditions of the property
owner. Legal 11.2 INDIGENT OWNERS
The Council has adopted an Indigent Support Policy that provides for the alleviation of the rates burden on the low income sectors of the community within the Municipality. Owners of property who qualify for the assistance provided by his Policy must make application to access the relief provided.
(a) The Council has adopted an Indigent Support Policy that provides for the alleviation of the rates burden on the low income sectors of the community within the Municipality.
(b) Owners of property who qualify for the assistance provided under the Indigent Support Policy are required to make application to access the relief provided.
(c) Owners must occupy property in order to qualify for relief.
(d) The relief sought will be granted based on the property value as per published property valuation roll
Legal – Amended 13.1 LIABILITY FOR RATES:
The last bullet is empty Remove last bullet 13.5 PAYMENT AND
RECOVERY OF RATES:
Payment and recovery of rates shall be in
accordance with Council’
relevant policies and by laws.
Payment and recovery of rates shall be in
accordance with Council’s relevant policies and by- laws.
Annexure D4.1 - PROVISION OF FREE BASIC ELECTRICITY AND
Annexure D4.2 - PROVISION OF FREE BASIC WATER SUPPLY SERVICES POLICY
Minor Changes
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Annexure D5 - WASTE MANAGEMENY POLICY CONTENTS
5.2 and 7, EMM Changed to CoE
3. Definitions Added CoE definition
6(a) (i) waste services Waste management services 6.1 Waste management
services costing model- bin size and frequency 6(a)(iii) For those areas that the defined bin sizes are not yet
implemented, the stand size based model continues to be used to determine the tariffs, until such time the 240l bin system is implemented.
6(A)(iii) All areas zoned residential are billed on a 240l bin system and where static compactors are in use each residential unit linked to the static compactor will be billed on a 240l bin system irrespective.
6.2 Replacement of 243-liter bin as a result of loss or damage
6(b)(I) Where a wheeled bin is reported as stolen, the owner must approach the nearest Depot to re-apply for a
replacement. (within 24hrs of theft) with a police case number.
6(b)(I) Where a wheeled bin is reported as stolen, the owner must approach the nearest Depot to re- apply for a replacement. (within 24hrs of theft) with an avadavat made from the police station.
6.(d) Added new paragraph on Dumping costs at Mini sites
6.(d) Dumping costs at Mini sites
(i) All small and medium enterprises involved in transportation and disposal of waste at mini-sites must be registered together with vehicle details used for such business.
(ii) Residents using these facilities must produce a municipal account less than three months old to gain entry and free use of the facility
notwithstanding clause 6(d)(iii).
(iii) Customers using the mini sites would be charged zero tariff only on condition that they carry waste below 1.2 tones equivalent of a light delivery vehicle permitted on one delivery/disposal round.
If a customer repeats disposal of similar weight within 24 hours of initial disposal will invite payment of stipulated tariff in the schedule.
7. CUSTOMER CATEGORIES
7.6 EMM entities 7.6 CoE Entities
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Annexure D6 - CONSUMER DEPOSIT POLICY Definitions
“Chief Financial Officer”
means the person appointed by the municipality as Chief Financial Officer of the City of Ekurhuleni in terms of section 56 of the Local Government : Municipal Systems Act, 2000 (Act 32 of 2000).
Insert new paragraph
Definitions
“Chief Financial Officer” means the person appointed by the municipality as Group Chief Financial Officer of the City of Ekurhuleni in terms of section 56 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).
“Deposit” means a monetary amount raised by the Council in relation to the consumption of a municipal service and mitigation of credit risk to the Municipality, irrespective of the existence of an agreement.
2. CIRCUMSTANCES UNDER WHICH DEPOSITS MUST BE PAID
Insert new paragraph
2.4 The payment of a consumer deposit is due and payable at –
2.4.1 The time of application for municipal services,
2.4.2 Date of transfer of property ownership in Central Deeds Office records,
2.4.3 Any other time deemed necessary by Council
7. APPROPRIATION OF DEPOSIT
Insert new paragraph
Deposit in respect of approved and deemed Indigents appropriated in terms of this policy, may be re-instated in the event of indigent deregistration.
Annexure D7 – INDIGENT POLICY Definitions
INDIGENT PERSON:
means a person lacking the basic necessities of life such as insufficient water, basic sanitation, refuse removal, health care, housing, environmental health, and supply of basic energy, food and clothing as defined in this policy.
INDIGENT PERSON:
means a poor, needy person lacking the basic necessities of life such as insufficient water, basic sanitation, refuse removal, health care, housing, environmental health, supply of basic energy, food, clothing and has a lower income threshold as defined in this policy.
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9.2 Deemed Indigent Household
Households within City of Ekurhuleni listed Un-
proclaimed Townships will be deemed to be indigent households, if:
Households within City of Ekurhuleni listed Un- proclaimed Townships will be deemed to be indigent households, if:
NB Change in numbering 10. EXTENT OF INDIGENT
SUPPORT
10.1 Registered Indigent Household/Person
(xii) Grass and tree cutting within property in respect of registered disabled and
pensioners.
xii) Grass and tree cutting within property in respect of registered disabled and frail pensioner.
17. RIGHT TO APPEAL (c) The City Manager will
appoint the
chairperson of the Indigent Appeal Committee to be a person vested in Law outside of the City’s employ.
(e) The Appeal’s
committee shall consist of the following
departments Health and Social
Development, Finance and Corporate and Legal Services.
(c) The City Manager will appoint the chairperson of the Indigent Appeal Committee to be a person vested in Law in the City’s employ.
NB “Outside of” is Deleted
Deleted
Annexure D8 – CREDIT CONTROL AND DEBT COLLECTION POLICY
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Definitions Insert Agent
Chief Financial Officer - means the person appointed by the municipality as Chief Financial Officer of the City of Ekurhuleni in terms of section 56 of the Local Government:
Municipal Systems Act, 2000 (Act 32 of 2000)
City Manager - means the person appointed by the Municipality as the City Manager of the City of
Ekurhuleni in terms of section 82 of the Local Government:
Municipal Structures Act, 1998 (Act 117 of 1998), and
includes any person acting in such position and to whom the City Manager has delegated a power, function or duty
Definitions
Agent - means a person authorized by the customer to act on his or her behalf
Legal
Chief Financial Officer - means the person appointed by the municipality as Group Chief Financial Officer of the City of Ekurhuleni in terms of section 56 of the Local Government: Municipal Systems Act, 2000 (Act 32 of 2000).: Municipal Systems Act, 2000 (Act 32 of 2000)
AM
City Manager - means the person appointed by the Municipality as the City Manager of the City of Ekurhuleni in terms of section 82 of the Local
Government: Municipal Structures Act, 1998 (Act 117 of 1998), responsible and accountable in terms of section 55(2) of the Local Government: Municipal Systems Act 2000 (Act 32 of 2000) and includes any person acting in such position and to whom the City Manager has delegated a power, function or duty.
AM 3. APPLICATION OF POLICY
3.2 This policy shall apply to municipal services provided
through pre-paid meters
3.2 This policy shall apply to municipal services provided through conventional meter, re-paid meters or any other linked
service Legal 3.5 Insert Paragraph 3.5 This Policy must be read in conjunction with the
Credit Control and Debt Collection By-law. Where there is a conflict between this Policy and another By-law or Policy of the Municipality, this Policy prevails over the affected provision of the other By-law or Policy in respect of any credit control and debt collection matter.
AvdB 4.2 COUNCIL
(iii) The Credit Control and Debt Collection Policy shall super cede all other
policies aimed at achieving the same purpose to which the current credit control policy seeks to achieve
4.2 COUNCIL
(iii) In case of a By-Law of Council, the Credit Control and Debt Collection By-law, which enforces this policy, shall prevail.
Legal
4.3 CUSTOMERS
(viii) The Council shall not refund any credit to any customer or customer’s
4.3 CUSTOMERS
(viii) In case of a customer in default with any payment to the municipality in respect of any service, the
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nominee who is in arrears with the Council
amount of any credit may be allocated as payment against any outstanding municipal account of that customer.
4.4 DECEASED ESTATES In accordance with the provisions of
Administration of Estates Act the executor of a Deceased Estate shall be liable for payment of all debts on the property.
It remains the sole responsibility of the occupiers to inform the Municipality that the property forms part of a deceased estate and the Municipality may refuse services until an executor has been appointed.
Occupiers of property in a deceased estate where neither an executor nor administrator has been appointed, may be required to sign a service level agreement
4.4 DECEASED ESTATES
Occupiers of property in a deceased estate where neither an executor nor administrator has been appointed, may be required to sign a service agreement.
In the absence of appointment letters as mentioned above the following consent and conditions will be applicable;
(a) When such consent be given by the co-owner/s and on submission of a death certificate of deceased owner.
(b) A tenant of the property in possession of a valid and current rental agreement;
(c) Where the deceased was the sole owner, the nominated proxy by the immediate family or the appointed person as per customary law to take responsibility of the account supported by affidavits from the family together with a copy of the death certificate.
(d) Where it can be proven that the applicant will inherit the property from the deceased estate owner by submission of a valid copy of the will together with a copy of the death certificate.
(e) That the full monthly account be maintained and settled by applicant, failure which the Municipality reserves the right to refuse to supply further services and cancel the temporary supply agreement.
(f) For the purpose of liability for an account, the occupier or occupiers of a property which confers in a deceased estate where neither an executor nor representative has been
appointed, but wishes to settle a deceased person’s debt may be requested to sign a Service Agreement in the interim whilst the registration of the deceased estate with the relevant authority commences or pending the winding up of the estate. Where there is more than one occupier on the property, every occupier will be jointly and severally liable for an account or consolidated account.
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(g) None of the above will confer any rights on the occupiers other than the liability to pay the accounts.
(h) Where a deceased estate remains unresolved for a period in excess of 3 years and without derogating from such other rights as may exist in law, the municipality may refuse further services to the property or review supply conditions to the property or set further
extension to require resolution of the estate.
AvdB 5.3 DISPUTE AS TO
AMOUNT OWING 5.3 DISPUTE AS TO AMOUNT OWING
(g) Any amount NOT in dispute must be paid in full by the customer and undisputed municipal services may be restricted or disconnected in respect of amounts outstanding in respect of such services.
AvdB 6. ACTIONS TO SECURE
PAYMENT 6. ACTIONS TO SECURE PAYMENT (iii) the defaulting customer may be-
(a) listed with a credit bureau; and
(b) handover of debt to an in-house or contracted debt collection agent for collection. All administrative processes in terms of this policy adhered to and no prior notice of debt hand-over required.
7. POWER TE RESTRICT OR TERMINATE SUPPLY OF MUNICIPAL SERVICES
Insert Paragraph
7.1 GENERAL
(xi) fails to supply electricity and / or water
consumption readings on written notice within
required period AvdB (xii) at the written request of the consumer,
wherein a written agreement of indemnity between such consumer and the Council, shall be entered, indemnifying the Council of all claims, legal proceedings and costs arising out of such disconnection or restriction occasioned at a written request of the consumer, where the consumer has vacated the premises to which a consumer agreement was concluded, provided that the consumer, after proving ownership or lawful right of control of the property, satisfies Council that continued provision of these services on the property will be prejudicial to both the consumer and the Council Legal 8. DEBT REPAYMENTS
ARRANGEMENTS
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9.1 GENERAL PRINCIPALS (a) Only a customer with
positive proof of identity or a person authorised, in writing, by that customer or –
(i) a letter of appointment by Magistrate Court, where there is a signed rental contract between the owner and tenant;
(i) a letter of consent from an Agent;
(ii) a letter of Authority from the
Magistrate/High Court/Registered Attorney/Advocate will be allowed to enter into a debt repayment
agreement for the payment of arrears in instalments.
(a) Only a customer with positive proof of identity or a person authorised, in writing, by that customer or -
(i) aletter of consent from an Agent;
(ii) a letterof Authority from the Magistrate/High Court/Registered Attorney/Advocate
will be allowed to enter into a debt repayment agreement for the payment of arrears in instalments.
AvdB
16. FRAUD, THEFT AND OTHER CRIMINAL ACTIVITY
Insert New Paragraph
(a) No Person may-
(i) Reconnect, attempt to reconnect or cause or permit a reconnection to any municipal service where the Municipality has restricted or
disconnected such supply.
(ii) Tamper, break or interfere with any municipal equipment or unlawfully use or interfere with municipal services provided by the Municipality (iii) Knowingly consume, use or distribute any
municipal service which has been obtained in an unlawful manner.
(b) A person must notify the Municipality if he or she becomes aware of any illegal connection or where a disconnection notice has been delivered to the property and the electricity remains connected.
(c) Council reserves the right to refuse service agreement with tenant where illegal connection, reconnection or tampering with service supply has been identified and will only consider new consumer agreement with owner of property.
(d) The owner of the property remains liable and responsible for all instances of un-authorized reconnections, tampering, damage or theft of