Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000)Chapter 9 : Credit Control and Debt Collection104. Regulations and guidelines |
| (1) | The Minister may for the purposes of this Chapter make regulations or issue guidelines in accordance with section 120 to provide for or regulate the following matters: |
| (a) | the particulars that must be contained in the municipal manager's report in terms of section 100(c); |
| (b) | the identification of municipal services provided by the municipality or other service providers to users of services where the use of the service by the user can reasonably be determined, measured or estimated per quantity used or per frequency of such use; |
| (c) | the determination, measurement or estimate of the use by each user of each service so identified; |
| (d) | user agreements, and deposits and bank guarantees for the provision of municipal services; |
| (e) | the rendering of accounts to ratepayers and users and the particulars to be contained in the accounts; |
| (f) | the action that may be taken by municipalities and service providers to secure payment of accounts that are in arrear, including— |
| (i) | the termination of municipal services or the restriction of the provision of services; |
| (ii) | the seizure of property; |
| (iii) | the attachment of rent payable on a property; and |
| (iv) | the extension of liability to a director, a trustee or a member if the debtor is a company, a trust or a close corporation; |
| (g) | appeals against the accuracy of accounts for municipal taxes or services; |
| (h) | the manner in and time within which such appeals must be lodged and determined and the consequences of successful and unsuccessful appeals; |
| (i) | extensions for the payment of arrears and interest payable in respect of such arrears; |
| (j) | service connections and disconnections, and the resumption of discontinued services; |
| (k) | the combating of unauthorised consumption, connection and reconnection and theft of municipal services; |
| (l) | the development and implementation of an indigent policy; |
| (m) | the tampering with or theft of meters, service supply equipment and reticulation network and any other fraudulent activity in connection with the provision of municipal services; and |
| (n) | any other matter that may facilitate— |
| (i) | effective and efficient systems of credit control and debt collection by municipalities; or |
| (ii) | the application of this Chapter. |
| (2) | When making regulations or issuing guidelines in terms of section 120 to provide for or to regulate the matters mentioned in subsection (1) of this section, the Minister must— |
| (a) | take into account the capacity of municipalities to comply with those matters; and |
| (b) | differentiate between different kinds of municipalities according to their respective capacities. |