Resolution relating to Cape Town Rates Challenge; Committee Report on Study Tour to Spain

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Cooperative Governance and Traditional Affairs

19 June 2002
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Meeting report

PROVINCIAL AND LOCAL GOVERNMENT PORTFOLIO COMMITTEE
20 June 2002
RESOLUTION RELATING TO CAPE TOWN RATES CHALLENGE; COMMITTEE REPORT ON STUDY TOUR TO SPAIN


Chairperson: Mr. Y I Carrim

Documents handed out:
Resolution of the Committee dated 20 June 2002 - Appendix 1
Intergovernmental Relations Study Tour of Spain: Committee Report (document here on 25/6)

SUMMARY
The Committee adopted the Resolution on the property valuation ordinance in the Eastern Cape, Northern Cape, Western Cape and other relevant provinces.

The Committee made a few technical amendments to the draft Spain Tour Committee Report and it was adopted.

MINUTES
Property Valuation Resolution
The Chair said that the resolution report would be adopted without legal advice from the department and from Parliament. The Chair had however conferred with Mr Palmer (Parliamentary Law Advisor) and Mr Bell (committee section) on the broader issues. He said that the committee could pass the report in the best of knowledge. The report will seek to ensure that the Local Government Amendment Bill with the appropriate amendments would be brought before Parliament before the end of October.

The Chair put the report before the committee and all members present agreed to it.

Mr Mowzer (Cape Town Municipality) thanked the committee for its assistance in supporting this matter.

Study Tour Report
The Committee made a few technical amendments to the report on the study tour to Spain. The chair advised that the report should be in the Announcements, Tabling and Committee Reports (ATC) tomorrow or Monday.

The report was put before the committee and adopted.

The meeting was adjourned.

Appendix 1
Report of the Portfolio Committee on Provincial and Local Government on Property Valuation in Eastern Cape, Northern Cape, Western Cape and other relevant Provinces, dated 20 June 2002:

The Portfolio Committee on Provincial and Local Government reports as follows:

(a) Current valuations of property in the Eastern cape, the Northern Cape and the Western Cape, for purposes of rating, have been undertaken in terms of the Property Valuation Ordinance, 1993 (Cape) ("the Ordinance).

(b) Potential legal challenges exist regarding these valuations.

(c) The said challenges may arise in regard to the applicability and interpretation of the Ordinance.

(d) Legal certainty is required regarding the applicability and interpretation of the Ordinance.

(e) There may be other provinces which may be similarly affected.

(f) Time-consuming steps are required for the processing of local government legislation.

(g) The imminent processing of the Local Government Laws Amendment Bill provides a window of opportunity to address the abovementioned concerns regarding the Ordinance.

The Committee therefore recommends that -

(1) appropriate legislative measures are attended to and processed in the "Local Government Laws Amendment Bill", when that Bill is introduced in Parliament, with a view to resolving any uncertainties regarding the applicability and interpretation of the Property Valuation Ordinance, 1993 (Cape), and of any other provincial ordinances which may suffer from similar uncertainties; and

(2) the abovementioned legislative measures be attended to expeditiously.

Report to be considered.

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