NEL & STEVENS

8 April 2005

The Chairperson
Portfolio Committee on Provincial and Local Government

Dear Madam

 

re: FOLLOW UP MEETING - UMVOTI MUNICIPALITY ON RATES POLICY

We refer to the telephonic discussion we had on the 30th instant when we advised you that it would serve no purpose for the writer to come to Cape Town at this stage, as the Law Society had mero moto, that is to say of their own accord, asked to see our file. The file is with that committee and we do not know for how long it will stay with them. Consequently we are trying to answer the questions posed by you from other records that we have and also from the writers memory.

1. LIST OF DEFAULTERS

No date has been stipulated. We have been doing some of the Councils work for more than 60 years. Consequently we took a date of December 2002, that is a year before the Mkhize sale and we enclose herewith a list marked A which deals with the following : -

. The name of the debtor

. The amount handed over

. And also whether the claim was recovered or not

2. PAYMENT STATUS

This is reflected above. We need to point out that what has been replied to above refers to files that have been closed. There are also files which are still current. On those we enclose a computer printout whish speaks for itself, marked B.

3. PROPERTIES AUCTIONED

From the time of Mr Mkhize to date. We attach a letter which shows which properties were sold and also those attached but were the attachment was withdrawn and the sale not proceeded with marked C.

4. INSTRUCTIONS GIVEN TO US BY UMVOTI MUNICIPALITY

In matters relating to the collection of arrear rates we need to point out the following: -

a. The rates year run from the 1st of July to the 30th of June the following year;

b. Rates can be paid monthly or it can be paid in a lump sum but needs to be settled in full by not later than the 31st of March , that is 9 months after the financial year had started. This means that for 9 months although rates are due no interest is being levied and no costs are being levied.

c. Defaulters who have not paid by the 31st of March then get various letters, notices and demands from the council stating what interest will be levied etc and it is only when there has been no satisfactory response to the above that the matters are handed over to the attorneys. At this stage it is normally very close to the date by which the rates for the following year will start to accrue.

d. Rates handed over are to be collected by us within 3 to 6 months. If debtors pay there is no problem. It debtors need installments we can accommodate them up to 3 months. If debtors need more time than this we complete a form "Acknowledgement of Debt and offer to pay", a copy of which we enclose and which speaks for itself. This is then referred to client to make a decision on the merit as to what we are to do. We then follow instructions.

e. If payments are not forthcoming then usually there is an attachment of movables and eventually an attachment of immovable property.

f. Throughout the debtor is served by the sheriff of the court with court process and very often we find that debtors call to make arrangements when they see that their property is likely to be sold. Sales are also advertised not only in the government gazette but also in the local Greytown newspaper.

g. When no satisfactory arrangements are made the sale proceeds. We need to point out that up to the minute of the sale, a sale can be cancelled provided that satisfactory arrangements had been made.

h. In the Mkhize case no arrangements were made in connection with this and various others claims for other properties were Mr Mkhize, the owner of three properties by title deed and a fourth by purchase but not yet by registration, had made no payments on any of these properties until legal action had been started. The writer specifically recalls Mr Mkhize telling you that in the Moolla case he had to pay some R10000.00 of arrear rates on behalf of Mr Moolla. This is not true but the writer was not given an opportunity to reply to this, was told that he was there to answer questions and that there would be time allowed at the end of the meeting to speak up. As you know this did not happen. We enclose herewith a copy of a letter marked D reflecting the transfer costs from Mr Moolla to Mr Mkhize. You will note that there was no R10 000.00 arrear rates paid by Mr Mkhize. Mr Mkhize paid the purchase price and the transfer costs, but no R10 000.00 arrear rates.

We reiterate that at no stage did Mr Mkhize complete an acknowledgement of debt and offer to pay. Payments were made by Mr Mkhize, normally after the Sheriff had been to his house which in this particular matter happened at least 6 times. The payments which we received were credited to the account, costs were deducted and the balance was paid over to the Municipality, sometimes immediately and on other occasions at the end of the particular month.

 

Yours faithfully

NEL & STEVENS

B KRUGER


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