URBAN COUNCILS ACT
Chapter 29:15
(2) No transfer of land shall be registered in, and no certificate of consolidated or registered
title to any land shall be issued by, a Deeds Registry if the land concerned is in a council area
or in a local government area administered and controlled by a council or local board, unless
there is produced to a Registrar of Deeds a valid certificate issued in terms of this section by the
appropriate issuing authority stating—
(a) that all rates and charges made and levied in respect of the land during the period of five
years immediately preceding the date on which the certificate, in terms of subsection (3),
ceases to be valid have been paid; or
(b) where all or any of the rates and charges levied in respect of the land during the period of
five years immediately preceding the date of issue of the certificate have not been paid,
that such rates and charges have not been paid and that they are, in the opinion of the
issuing authority, irrecoverable;
as the case may be.
(3) A certificate which purports to be issued in terms of subsection (2) by the appropriate
issuing authority in respect of any property shall be prima facie evidence that the certificate has
been duly issued in accordance with this section.
(4) A certificate referred to in subsection (2) shall specify the date up to which all rates and
charges made and levied in respect of the land concerned have been paid or written off, as the
case may be, and shall be valid until the date so specified.
(5) Nothing in this section shall be construed as a derogation from the rights of the council to
recover unpaid rates or charges which have not been included in a certificate issued in terms of
subsection (2) or which become payable in terms of this Act as a result of a supplementary
valuation or assessment in terms of section two hundred and forty-eight.
(6) Notwithstanding anything to the contrary in this Act, no fee shall be charged for the issue
of a certificate in terms of subsection (2).
283 Writing-off of rates
Rates which have been in arrear for a period of not less than five years may be written off by
the council if—
(a) the council considers that such amounts are irrecoverable; or
(b) in the opinion of the council the difficulties, disadvantages or costs of collection thereof
outweigh the value thereof:
Provided that rates owed to the council by a company or an insolvent estate may be written
off by the council at any time after—
(a) the company has been wound up; or
(b) the account of the trustee of the insolvent estate has been confirmed by the Master of the
High Court in terms of section 128 of the Insolvency Act [Chapter 6:04];
as the case may be.
PART XX
FINANCIAL PROVISIONS, AUDIT, LOANS AND ACCOUNTS
284 Interpretation in Part XX
In this Part—
“auditor” means a person appointed as auditor or joint auditor in terms of section three
hundred and four;
“borrowing power” means the authority to borrow money which—
(a) has been granted by the Minister in terms of subsection (4) of section two hundred and
ninety; or
(b) had been granted or approved in terms of the repealed Act and had not been exercised
before the date of commencement of this Act and which has not been cancelled in terms of
subsection (8) of section two hundred and ninety;
“project” means any matter for which a council may borrow money in terms of subsection (1)
of section two hundred and ninety.
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