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CoE explains legal reason behind double waste charges

The city responded after a resident raised concerns about being double-charged for waste management on their municipal bill.

A resident recently contacted the Brakpan Herald about a new municipal charge on her account: A waste management fee levied separately on the garage linked to her apartment.

According to CoE spokesperson Zweli Dlamini, the city did an audit to ensure properties are correctly levied based on its Waste Management Policy and legislative framework.

The separate charge for the garage is based on the following:
• Garages developed on separate stands from dwelling units mean they are recorded as individual properties in the Deeds Registry and have their own valuation roll entries;
• Separate title deeds exist for the garage and the main unit;
• Assessment rates are charged individually for garages and dwelling units.

“Assessment rates are levied per stand as per the published valuation roll,” said Dlamini.

Based on this, a waste management tariff is applied to garages in the form of an availability charge, as they are independent of the main unit and already attract assessment rates.

The CoE Waste Management Tariff Policy (Clause 7.4 Schedule 5, Section 5) defines the availability charge as a monthly fee for properties and vacant stands not using the city’s waste services, when the services are available and the capacity exists.

This fee helps cover:
• Waste disposal costs;
• The maintenance of waste facilities;
• Environmental sustainability efforts.

It applies to:
• Vacant landowners
• Vacant land businesses
• Any property not using the CoE’s refuse removal.

The Integrated Waste Management By-laws, Section 24(1), state that owners or occupiers must pay for the service, regardless of the level of use.

Furthermore, the Waste Management Tariff Policy Paragraph 6(c)(v) states: “Waste service billing in high-density residential properties is per unit, and the responsibility lies with developers and body corporates to provide waste storage facilities.”

Based on these frameworks, the city maintains it is within its rights to bill both garages and apartments separately at the said complex. It will not reverse the charges and will continue with separate billing as aligned with the Deeds Registry and applicable policies.



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