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Nelson Mandela Bay Municipality v Amber Mountain Investments (576/2016)[2017] ZASCA 36 (29 March 2017) Nelson Mandela Bay Municipality v Amber Mountain Investments (576/2016)[2017] ZASCA 36 (29 March 2017) hotpic

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Local authority : Rates : Property rates levied for a financial year : levying of rates an integral part of budget process.
Interpretation : Acts to be read together as they form part of current system of local government : Local Government: Municipal Property Rates Act 32 of 2000 : s 13(1) : words and phrases : ‘as from’ : interpreted to mean that the rate is payable within the period of the financial year : s 13(1) read with ss 12, 26, 27 and 28 : obligation to pay property rates arises at the start of the financial year : obligation to make payment arises once the municipality has determined the date of payment and amount due : Local Government: Municipal Finance Management Act 56 of 2003 : ss 15 to 19 : municipality’s duties to approve annual budget for each financial year, budget including projected revenue for current year based on collection levels to date : budget to be finalised before start of financial year : Local Government: Municipal Systems Act 32 of 2000 (the Systems Act) : certificate is issued in terms of s 118(1) in respect of municipal debts which have become due, not future debts : municipality’s rates policy to the contrary is ultra vires the Act and invalid.
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Created 2017-03-29
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