Municipal Fiscal Powers and Functions Act, 2007 (Act No. 12 of 2007)Chapter 3 : Municipal Surcharges9. Obligations of municipality in respect of municipal surcharges |
| (1) |
| (a) | A municipality must, when imposing a surcharge on fees for services provided by it or on its behalf, comply with any norms and standards contemplated in section 8. |
| (b) | The Minister may, where practicalities impede strict compliance with the norms and standards prescribed in terms of section 8, of his or her own accord or on application by a municipality, or a group of municipalities or organised local government, by notice in the Gazette exempt a municipality from complying with any norms and standards contemplated in section 8 for a period and on the conditions determined in the notice. |
| (c) | An exemption under paragraph (b) may— |
| (i) | apply to municipalities generally; or |
| (ii) | be limited in its application to a particular municipality or kind of municipality, which may be defined in relation to the capacity of a municipality or the category, type or budgetary size of municipality. |
| (2) | Section 75A(2), (3) and (4) of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000), relating to the manner in which fees, charges or tariffs are levied and how a resolution in that respect must be made known, applies with the changes required by the context to a municipal surcharge. |
| (3) | A municipality must annually as part of its budget preparation process review any municipal surcharges. |