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Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003)

Chapter 5 : Co-Operative Government

43. Applicability of tax and tariff capping on municipalities

 

(1) If a national or provincial organ of state in terms of a power contained in any national or provincial legislation determines the upper limits of a municipal tax or tariff, such determination takes effect for municipalities on a date specified in the determination.

 

(2) Unless the Minister on good grounds approves otherwise, the date specified in a determination referred to in subsection (1) may—
(a) if the determination was promulgated on or before 15 March in a year, not be a date before 1 July in that year; or
(b) if the determination was promulgated after 15 March in a year, not be a date before 1 July in the next year.

 

(3) If a municipality has in accordance with section 33 or 46(3) entered into a contract which provides for an annul or other periodic escalation of payments to be made by the municipality under the contract, no determination in terms of a power referred to in subsection (1) of the upper limits of a municipal tax or tariff applies to that municipality in so far as such upper limits would impair the municipality's ability to meet the escalation of its payments under the contract.