Councillor Arrears

Dear Speaker Wildeman,

We note that, as at February 2021, Councillors designated as follows are in arrears with their rates:

We note further that no report is provided for three Councillors.

Both matters are very concerning. A report, naming the Councillor concerned, must be provided for each Councillor.

We draw your attention to s 26(1) of the Western Cape Municipal Ordinance 20 of 1974: ‘26(1) An extraordinary vacancy in the office of a councillor shall occur—

(e) when any rates which have been due and payable by him to the council for more than three months or any interest which may be due and payable thereon are not paid within fourteen days of the service by the treasurer on him of a written demand in terms of section 87 (2) or (5).’

Of consequence, too, is s 25(2): ‘No person shall be eligible to be elected a councillor if … (i)any rates which have been due and payable by him to the council for more than six months or any interest which may be due and payable thereon has not been paid …’

‘In general, councillors must perform their duties in good faith, honestly, in a transparent manner in the best interest of the municipality and without compromising the municipality’s credibility or integrity.’  Item 2(a) and (b) Schedule 1, Systems Act.

‘A councillor may not be in arrears to the municipality for rates and service charges for a period longer than three months.’  Item 12A, Schedule 1, Systems Act.

It is the duty of the Council to ensure that rates and taxes are properly collected. This proposition, which should be obvious, is put beyond doubt by the operative provision in the Ordinance. It states that: ‘The municipality must ensure that its tariffs are uniformly and fairly applied throughout the municipal area.’

Please let us know what steps the Council proposes to take to ensure compliance with the law.

Kind regards,

Peter Gaylard