E5 000 penalty for failure to pay services
MBABANE – Businesses whose property is within the urban area and under the jurisdiction of the Mbabane City Council will pay up to E5 000 in penalties if they fail to pay charges and fees for services rendered by the council.
The council incurs costs for grass cutting, bush clearing and vegetation removal services in respect of rateable property and owners of the rateable properties are responsible for paying the fees and charges.
This is contained in a legal notice in the form of a gazette issued on October 21, 2022 titled ‘The Mbabane Municipal Council User Fees and charges By-Laws, 2022’ and undersigned by the Chief Executive Officer (CEO) of the Council Gideon Mhlongo.
Charges
date shall after 30 days bear interest at the obtaining prime rate and each month thereafter until such fee or charge is paid in full,” reads the legal notice.
Section 8 (1) of the notice states that a person who contravenes the provisions of these by-laws commits an offence and shall on conviction be liable to a fine not exceeding E5 000.
In case of successive or continuous contravention of any provisions of or schedule to these by-laws, the offender shall on conviction be liable to a further fine not exceeding E5 000.
Incurred
“Any expense incurred by council in consequences of a contravention of any provisions or schedule of these by-laws or in the execution of any work directed by any provision and Schedule to be executed by any person and not executed by that person, shall be paid in full plus interest not exceeding 15 per cent by the person who contravenes the provisions and Schedules of these By-Laws or who has failed to execute any work directed by any provision of these By-Laws or Schedule,” reads the notice.
It was stated that the council may use a registered collection agency to collect any unpaid fee or charge including interest and the collection agency fees.
Unpaid
It was also stated that the Municipal Treasurer shall add unpaid fees and charges imposed by the municipality for that property and collect the unpaid fees and charges in terms of Rating Act, 1995 or its successor.
“Fees and charges imposed or chargeable under this By-Law may be imposed by an inspector, littler warden, traffic warden or any other officer appointed by Council,” states the notice.
It was also stated that the town clerk may, in pursuance of an enabling policy or resolution of the council waive, in part or in full, or subsidise any of the fees and charges prescribed in these by-laws in support of an indigence or charitable cause or community meeting.
Worth mentioning is that this bylaw revokes Legal Notice No. 165 of 2018.