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SECTION 118 OF THE MUNICIPAL SYSTEMS ACT 32 OF 2000 CITY ...

Updated May 2015 1 SECTION 118 OF THE MUNICIPAL SYSTEMS ACT 32 OF 2000 CITY OF TSHWANE METROPOLITAN MUNICIPALITY v MATHABATHE & ANOTHER (502/12) [2013] ZASCA 60 (22 May 2013) INTRODUCTION In order to transfer ownership of any immovable property in the deeds registry it is necessary to obtain a rates clearance certificate (RCC) from the local authority. The RCC needs to be valid for a period of 60 days from date of issue. The local authority thus issues clearance figures which include the current arrears on the property plus an advance calculation of rates, sewer, electricity and water charges. The advance calculation is generally for a period of 4 months in advance which allows the seller 60 days to pay the figures and the clearance certificate to be valid for a further 60 days from issue. The above procedure and requirements are in terms of SECTION 118 of the MUNICIPAL SYSTEMS Act 32 of 2000. From a conveyancing point of view the importance of RCC s are that they serve the purpose of ensuring that all rates and charges due on the property transferred are paid by the seller and the purchaser receives transfer of the property free of MUNICIPAL debt.

updated may 2015 1 section 118 of the municipal systems act 32 of 2000 city of tshwane metropolitan municipality v mathabathe & another (502/12) [2013] zasca 60 (22 may 2013) introduction

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