General Valuation Roll 2009

Presentation by Peter Gerber Project Manager

The Council strives to ensure equity, harmony and prosperity for all its people, through people centered service delivery and sustainable development

To develop and promote the character of the Kouga area and make a better life for all by satisfying the needs of our stakeholders including effective service delivery, and respecting the different community values and cultures, while taking into account the wishes of all communities, our declared value system, and relevant legislation, according to our credo

To interact with stakeholders concerning the provisions of the New Municipal Property Rates Act which all Municipalities are obliged to implement from 1 July 2009, with specific reference to the general valuation of properties.

 Community Consultation and Participation ◦ The Law attaches significant value on consultations with communities. ◦ It is essential that communities are kept informed on an ongoing basis and that improved and innovative ways be found or devised to enhance this process

 Rates Policy and By-Law ◦ In order for it to be able to levy property rates the Municipality must, before 1 July 2009, adopt a Rates Policy which is consistent with the Act. ◦ In addition, the Municipality must promulgate a Rates By-Law, which is enabling legislation which legalises the implementation of the Rates Policy. ◦ The Proposed Rates Policy will be the subject of a separate presentation of which notice will in due course be given.

 The discussion today is focused and centred on procedural and related matters, most of which have already been covered in the information pamphlet which has been issued to each owner of property.

◦ The new Valuation Roll for the period 2009/2013 has been advertised for objections and the closing date for the lodging of objections is 31 March ◦ There will be no extension of time granted after this date and late objections will neither be considered nor processed.

 Prescribed Objection Form ◦ Objections must be submitted on a prescribed form which is obtainable from the Municipality as well as the other venues mentioned in communications.

◦ The Valuation Roll will lie for inspection at the Municipal Head Office in Jeffreys Bay as well as at all the satellite offices within the Municipal area, including all libraries, during office hours during the period 19 February to 31 March 2009.

◦ All information relating to the 2009 General Valuation can also be accessed via the Municipal Website ◦

 You will, if you have not already received these, be receiving the following documents: ◦ a copy of the valuation form applicable to your property; ◦ a Notice informing you that the Roll is open for inspection and inviting you to exercise your right to object if you so desire and, ◦ an information communiqué which is also available on request in Afrikaans and Xhosa.

 The onus is on the owner to follow-up on the non-receipt of documents.

 As a further service to its stakeholders, the Municipality has set up a Help Desk which will be operational during, and if necessary, after office hours to which you may direct queries or enquiries.  The telephone number is

 Any person unable to read or write who may require assistance to lodge an objection, is invited to contact the Help Desk at Telephone

 As already stated all objections must be submitted on the prescribed form. It is important to note that for an objection to be valid it must relate to a specific property and not to the Roll as such.

 In the case of valuations your rights are protected and enshrined in Legislation. The Valuer is bound by the same Legislation with particular reference to Section 46 of the Act, which determines the parameters according to which properties must be valued. You would be well advised to familiarise yourselves with these provisions.  In addition, the Minister of Local Government may, with the concurrence of the Minister of Finance, set an upper limit by which property rates may be increased should the necessity therefor arise.  The Municipality may not levy a rate on the first R of the market value of a residential property.

 There are a number of legislative safeguards relating to the integrity of the Roll, one by way of an example, states that a Valuer and his associates may not perform the valuation of a property in which the Valuer and his associates have a personal or private business interest. Such properties will be valued independently by an independent Valuer.

 All Objections and Appeals are processed via the office of the Municipal Manager and the process will now briefly be explained to you: ◦ Objections received are referred by the Municipal Manager to the Municipal Valuer, to be dealt with in terms of Section 51 of the Act which determines that the Valuer must promptly consider objections in accordance with certain prescribed procedures, decide the objections on facts including any additional motivations lodged with the formal objection and then adjust or add to the valuation in accordance with any decisions taken.

◦ If the value of a property is adjusted upwards or downwards by more than 10%, the Municipal Valuer must give written reasons to the Municipal Manager who in turn must promptly submit to the relevant Valuation Appeal Board the Valuer’s decision, the reasons therefor and all relevant documentation, for review. ◦ Depending on the outcome of such review the Valuation Roll is then adjusted in terms of the decision of the Appeal Board. ◦ Every person who has lodged an objection will be notified in writing of the Valuer’s decision.

◦ Within 30 days after such notification such objector or owner may, in writing, apply to the Municipal Manager for the reasons for the decision of the Valuer. You will be required to pay a fee of R25.00 in order to obtain the relevant information. ◦ The request will be processed via the office of the Municipal Manager and the Valuer must, within 30 days of having been requested to do so, provide the reasons to the applicant in writing.

◦ In exercising a right of appeal to an Appeal Board against a decision of the Valuer, this must be lodged by the objector in the prescribed manner with the Municipal Manager within 30 days after the date on which the written notice from the Valuer conveying his decision notice was sent to the objector, or if the objector had requested reasons for the decision of the Valuer, within 21 days after the day on which the reasons were provided to the objector. ◦ The Municipal Manager must thereafter, within 14 days after the end of the of the 30 or 21 day periods, then forward any appeals to the Chairperson of the Appeal Board.

◦ The Chairperson of the Appeal Board must, for the purposes of considering the appeals, convene a meeting of the Appeal Board within 60 days after an appeal has been received by him. ◦ There is furthermore provision in the Act for adjustments / additions to the Valuation Roll and if there are any, they will take effect on the effective date of the Valuation Roll.

◦ Any monies due arising from such adjustments / additions are recoverable from the person liable for the payment of the rate or, depending on the nature or reasons for such action, refunded by the Municipality plus interest at the prescribed rate as the case may be.

 The Copyright in respect all Valuation related documents vests in the Municipality.

 When an Appeal board gives its decision, it may issue an order with regard to costs it regards as just and equitable.  When making such an order the Appeal Board may order any person whose appeal or opposition to an appeal is in bad faith or frivolous to compensate the Municipality in full or in part for costs incurred by the Municipality in connection with the appeal.

 It is apparent, judging from some of the provisions in the Act, particularly Section 42, that there is a definite focus on zonings and the usage to which properties are put.

 Meetings of the Appeal Board are open to the public but the Board may adjourn into closed sessions

 As an aside, the following information is being shared with you purely as a matter of interest. In terms of the provisions of sections 28 and 29 of the Act the Municipality may recover outstanding / arrear rates from tenants, occupiers and agents obviously subject to compliance with all the prescribed legal provisions.  This can occur despite any contractual obligation to the contrary on the tenant or occupier.