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Local Government: Municipal Property Rates Act (6/2004): Municipal Property Rates Regulations, 2006...

STAATSKOERANT, 18 OKTOBER 2006 No. 29304 3

GOVERNMENT NOTICE

DEPARTMENT OF PROVINCIAL AND LOCAL GOVERNMENT

No. R. 1036 18 October 2006

LOCAL GOVERNMENT: MUNICIPAL PROERTY RATES ACT, 2004 (ACT NO. 6 OF 2004): THE MUNICIPAL PROPERTY RATES REGULATIONS, 2006

Under section 83 of the Local Government: Municipal Property Rates Act, 2004 (Act no.6 of 2004), I, Fholisani Sydney Mufamadi, hereby make the regulations in the Schedule.

F.S MUFAMADI
MINISTER FOR PROVINCIAL AND LOCAL GOVERNMENT

SCHEDULE

ARRANGEMENT OF REGULATIONS

CHAPTER 1

INTERPRETATION

1. Definitions

CHAPTER 2

FORMAT OF THE VALUATION ROLL AND SUPPLEMENTARY VALUATION ROLL

2. Format of the valuation roll and supplementary valuation roll

CHAPTER 3

SUBMISSION OF THE VALUATION ROLL AND SUPPLEMENTARY VALUATION ROLL TO THE MUNICIPAL MANAGER

3. Period of submission of valuation roll or supplementary roll

CHAPTER 4

CONTENT AND FORMAT OF PUBLIC NOTICE CALLING FOR INSPCTION OF A VALUTAION ROLL AND SUPPLEMENTARY VALUATION ROLL AND LODGING OBJECTIONS

4. Public notice calling for inspection of a valuation roll or supplementary valuation roll and lodging objections

CHAPTER 5

CONTENT AND FORMAT OF THE FORM FOR LODGING AN OBJECTION (S) REGARDING MATTERS PERTAINING TO A SPECIFIC PROPERTY IN RESPECT OF A VALUATION ROLL OR SUPPLEMENTARY VALUATION ROLL

5. Manner of lodging an objection

CHAPTER 6

CONTENT AND FORMAT OF THE FORM FOR LODGING AN APPEAL TO THE VALUATION APPEAL BOARD AGAINST THE DECISION OF A MUNICIPAL VALUER REGARDING MATTERS PERTAINING TO A SPECIFIC PROPERTY IN RESPECT OF A VALUATION ROLL OR SUPPLEMENTARY VALUATION ROLL

6. Manner of lodging an appeal

CHAPTER 7

NORMS AND STANDARDS FOR THE APPOINTMENT OF MEMBERS OF VALUATION APPEAL BOARDS AND COMMITTE MEMBERS OF VALUATION APPEAL BOARDS

7. Norms and standards regarding the appointment of members of valuation appeal boards and their committees

CHAPTER 8

INTERNAL PROCEDURES OF THE VALUATION APPEAL BOARD TO DISPOSE OF APPEALS AND REVIEWS

8. Internal procedures of the valuation appeal board to dispose of appeals and reviews

CHAPTER 9

INTEREST TO BE CHARGED ON THE AMOUNT DUE FOR RATES AND PAYABLE BY OR TO BE REFUNDED TO THE RATEPAYER AS A RESULT OF ADJUSTMENTS OR ADDITIONS TO THE VALUATION ROLL OR SUPPLEMENTARY VALUATION ROLL

10. Time frame for submission of declaration

CHAPTER 11

CONTENT AND FORMAT OF THE IDENTITY CARD FOR ENTERING INTO PROPERTIES AND INSPECTION THEREOF

11. Identinty Card

12. Short Title

ANNEXURES

Annexure 1
(Format for the valuation roll or supplementary valuation roll.)

Annexure 2
(Format for the last page of the valuation roll or supplementary valuation roll.)

Annexure 3
(Public notice for inspection of the valuation roll or supplementary valutaion roll and lodging of objection.)

Annexure 4
(Format for the lodging of an objection regarding matters pertaining to a specific property in respect of a valuation roll or supplementary valuation roll.)

Annexure 5
(Format for lodging an appeal to the valuation appeal board against the decision of a municipal valuer regarding matters pertaining to a specific property in respect of a valuation roll or supplementary valuation roll.)

Annexure 6
(Declaration by a municipal valuer or assistant valuer or a special valuer.)

Annexure 7
(Declaration by a member of a valuation appeal board or its committe.)

Annexure 8
(Identity card for a municipal valuer/assistant municipal valuer/data collector and other authorised person by municipalities to enter properties for a validation related purpose.)

Annexure 9
(Identity card for a member of an appeal board and other person authorised by an appeal board to enter properties for valuation related purposes.)

CHAPTER 1

INTERPRETATION

Definitions

1. In these regulations, a word or exression to which a meaning has been assigned in the Act, has that meaning, and unless the context indicates other wise, -
"Act" means the Local Government: Municipal Property Rates Act, 2004 (Act No.6 of 2004);
"appellant" means any person who has lodged an objection in terms of section 54 (1) of the Act;
"concerned parties" means the municipal valuer, the relevant municipality, the owner of the property if he or she is not the appellant, and any objector to a valuation roll regarding the property in question;
"mayor"
(a) in relation to a municipality with an executive mayor means a councillor elected as an executive mayor in terms of section 55 of the Local Government: Municipal Structures Act, 1998 (Act No.117 of 1998);
(b) in relation to a municipality with an executive committe means a councillor elected as a mayor of a municipality in terms of section 48 of the Local Government: Municipal Structures Act, 1998 (ACt No.117 of 1998);
"record" means the written decision of the valutaion appeal board; and
"special valuer" means a person designated as a special valuer in terms of section 43(5) of the Act.

CHAPTER 2

THE FORMAT OF A VALUTION ROLL AND SUPPLEMENTARY VALUTAION ROLL

Format of the valuation roll and supplementary valuation roll

2 (1) A municipal valuer must use the format contained in Annexure 1 in compiling the valuation roll or supplementary valuatoin roll.

(2) A sectional title scheme must appear at the end of a valuation roll or supplementary valuation roll in alphabetical order according to scheme name.

(3) The minimu information that must be at the last page of the valutaion roll must be in the format as contained in Annexure 2.

CHAPTER 3

SUBMISSION OF A VALUATION ROLL AND SUPPLEMENTARY VALUATION ROLL TO THE MUNICIPAL MANAGER.

Period of submission of valuation roll or supplementary valuation roll

3. (1) The period for the submission of the valuation roll as contemplated in section 34(d) of the Act is five months before the effective date of such a valuation roll.

(2) Teh period for the submission of the supplementary valuation roll as contemplated in section 78(2) is three months before the effective date of such supplementary valuation roll.

CHAPTER 4

THE CONTENT AND FORMAT OF A PUBLIC NOTICE CALLING FOR INSPECTION OF A VALUATION ROLL AND SUPPLEMENTARY VALUATION ROLL AND LODGING OF OBJECTIONS

A public notice calling for inspection of the valuation roll or supplementary valuation roll and lodging of objections

4. (1) A notice contemplated in section 49 read together with section 78(2) of the Act must include at least the following minimum information:
(a) name of a municipality;
(b)location where the valuation roll or supplementary valuation roll may be inspected;
(c) duration for inspection of the valuation roll or supplementary valuation roll and lodging of objections;
(d) location where objection forms can be obtained from and submitted to after completion;
(e) full names of the municipal manager; and
(f) contact details for making enquiries.

(2) A notice contemplated in sub regulation (1) must be in the format as contained in Annexure 3.

CHAPTER 5

THE CONTENT AND FORMAT OF THE FORM FOR LODGING AN OBJECTION(S) REGARDING MATTERS PERTAINING TO A SPECIFIC PROPERTY IN RESPECT OF A VALUATION ROLL OR SUPPLEMENTARY VALUATION ROLL

The manner of lodging an objection

5. (1) The manner of lodging an objection must be in the format as contained in Annexure 4.

CHAPTER 6

THE CONTENT AND FORMAT OF THE FORM FOR LODGING AN APPEAL TO THE VALUATION APPEAL BOARD AGAINST THE DECISION OF A MUNICIPAL VALUER REGARDING MATTERS PERTAINING TO A SPECIFIC PROPERTY IN RESPECT OF A VALUATION ROLL OR SUPPLEMENTARY VALUATION ROLL

The manner of lodging an appeal

6. (1) The manner of lodging an appeal to the valuation appeal board against the decision of a municipal valuer regarding matters pertaining to a specific propert in the valuation roll or supplementary valutaion roll of a municipality must be in accordance with the format as contained in Annexure 5.
(2) A municipal manager must assist the Appellant with the lodging of the appeal if the Appellant is unable to read or write.

CHAPTER 7

NORMS AND STANDARDS FOR THE APPOINTMENT OF MEMBERS OF VALUATION APPEAL BOARDS AND COMMITTEE MEMBERS OF VALUATION APPEAL BOARDS

Norms and standards for the appointment of members of valuation appeal boards and their committees

7. (1) An MEC for local government in a province must, before he or she appoints members of a valuation appeal board, consult with the relevant mayors of those municipalities for the area or areas of jurisdiction in which the valuation board is to be established on the proposed appointment of members of a valuation appeal board.
(2) The valuation appeal board, after abtaining authorisatoin from the MEC for local government, must consult with the relevant mayors of those municipalities in which the appeal boards have been established, on the proposed appointment of the members of the committee.
(3) (a) Members of valuation appeal boards should as far as possible be appointed from within the jurisdiction of the municipalities which the valuation appeal board will serve and if this is not possibel, from within the jurisdiction of neighbouring municipalities even if one municipality falls within the jurisdiction another province.
(b) In appointing members of the valuation appeal board who do not reside within the jurisdiction of the municipality where the appeal board is established, due care should be given to distances members will travel to and from their homes to hear appeal cases.
(c) Prior to appointing a member who does not reside whitin the jurisdiction of a municipality where the appeal board is established, an MEC must provide the mayor or municipalites with a full written motivation. Each such mayor shall have 30 days within which to make any comment and the MEC shall take all such comments into account in making final appointments.
(4) Sub regulations (3)(a), (b) and (c) similarly apply to the appointment of members of a committe of valuation appeal boards by valuation appeal boards as envisaged in section 71 of the Act. In this context the word "MEC" must be replaced with the word "chairperson of a valuation appeal board".

CHAPTER 8

INTERNAL PROCEDURES OF THE VALUATION APPEAL BOARD TO DISPOSE OF APPEALS AND REVIEWS

The internal procedures a valuatoin appeal board must follow to dispose of appeals and reviews are as follows:

8. (1) The chairperson of the valuation appeal board must convene a hearing within 6 days of receipt of an appeal.
(2) The chairperson of a valuation appeal board must at least 21 days prior the hearing of the matter inform all concerned parties, members of the appeal board including the Appellant in writing of the date and venue of such hearing appeal.
(3) The proceedings of the valuation appeal board meetings must be recorded and the records must be kept safe in terms of applicable archive prescripts in the offices of the municipality whose valuation appeal board.
(4) The municipal manager is responsible for the safe keeping of the records referred to in subregulation (3)
(5) Each appellant and all concerned parties shall within 30 days from the last day of hearing of the appeal, be advised in writing of the valuation appeal board's decision on the appeal, by the aluation appeal board.
(6) The chairperson of the valuation appeal board must give reasons for the decision taken by the valuation appeal board within 30 days of such request at no cost to the Appellant or any concerned party.

CHAPTER 9

INTEREST TO BE CHARGED ON THE AMOUNT DUE FOR RATES PAYABLE BY OR TO BE REFUNDED TO THE RATEPAYER AS A RESULT OF ADJUSTMENTS OR ADDITIONS TO THE VALUATION ROLL OR SUPPLEMENTARY VALUATION ROLL

In terst rate to be applied

9. (1) The interst rate referred to in section 55(2)(b) of the Act is prime rate levied by the bank at which the primary account of the municipality in question is kept, plus 1%, as at the date of calculation by the municipal manager in terms of the Act
(2) The municipal manager must use simple interest and must determine the interest rate to be applied to the amount due for rates payable by or to be refunded to the ratepayer.

CHAPTER 10

THE DECLARATION BY MUNICIPAL VALUER OR ASSISTANT MUNICIPAL VALUER OR SPECIAL VALUER OR A MEMBER OF A VALUATIO NAPPEAL BOARD OR ITS COMMITTEE BEFORE THE COMMISSIONER OF OATHS REGARDING PERFOMANCE OF OFFICE

Timeframe for submission of the declaration and format of the declaration

10 (1) The declaratio nas envisaged in sectio n40 read together with section 43(5) of the Act by a muncipal valuer or an assistant municipal valuer or special valuer must be in the format set out in Annexure 6.
(2) The declaration referred to in subregulation (1) must be lodged with the municipal manager within 30 days of designation, but before assumption of duty.
(3) The declaration by a member of a valutaion appeal board must be lodged with the office of the MEC for local government within 30 days of appointment, but before assumption of duty.
(4) The declaration by a member of committe of a valuation appeal board must be lodged with the chairperson of the valuation appeal board within 30 days of appointment, but before assumption of duty.
(5) The declarations referred to in subregulations (3) and (4) must be in the format set out in Annexure 7.
(6) The declarations referred to in subregulations (1) and (5) must contain at least the following information: -
(a) full names of a municipal valuer or member of valuation appeal board or its Committe whichever is applicable;
(b) identity number of a municipal valuer or member of valuatio nappeal board or its Committe, which=hever is applicable;
(c) name of municipality or valuation appeal board, whichever is applicable;
(d) period of validity of authorisation;
(e) signature of municipal valuer or member of valuation appeal board or its Committe, whichever is applicable;
(f) Commissioner of Oaths (full names); and
(g) signature of Commissioner of Oaths ad date.

CHAPTER 11

CONTENT AND FORMAT OF THE IDNETITY CARD FOR ENTERING INTO PROPERTIES AND INSPECTION THEREOF

Identity card

11. (1) An identity card contemplated in section 41(2) of the Act must be in the format contained in Annexure 8.
(2) An identity card contemplated in sectio n72(3) of the Act must be in the format contained in Annexure 9.

Short title

12. These regulations are called the Municipal Property Rates Regulations, 2006