Attention is drawn to section 172 of the Urban Councils Act[Chapter 214] and to section 79 of the Rural Councils Act [Chapter 211] which enable local authorities to fix and levy charges by resolution in the following terms-

section 172 of the Urban Councils Act [Chapter 214]

172. (1) A council may, by resolution passed by a majority of the total membership of the council-
a) fix tariffs or charges for-

(i) the supply of electricity or water or refuse removal services; or

(ii) the conveyance of sewage or trade effluent in public sewers and its treatment at a sewage treatment works; or

(iii) any other services which a council may provide in terms of this Act;

(b) fix charges to be payable in respect of certificates, licences or permits issued, inspections carried out, services rendered or any act, matter or thing done by the council in terms of this Act;

(c) fix deposits to be paid in connexion with any services provided by the council in terms of this Act.

(2) Before any tariffs, charges or deposits fixed in terms of subsection (1) come into operation-

(a) a statement setting out the proposed tariff charges or deposits and any existing tariffs, charges or deposits for the same matters shall-

(i) be advertised in two issues of a newspaper; and

(ii) be posted at the office of the council for a period of not less than thirty days from the date of the the first advertisement in the newspaper; and

(b) if the tariff relates to charges for the supply of electricity, a statement setting out the proposed tariffs shall be submitted to the Electricity Council constituted in terms of the Electricity Act[Chapter 282]

(3) If a statement has been –

(a) advertised in terms of paragraph (a) of subsection (2) and within the period of thirty days referred to in that paragraph objections to the proposed tariffs, charges or deposits are lodged-

(i) by thirty or more persons who are voters or who are users of the service to which the tariff, charge or deposit relates ; or

(ii)where there are less than thirty such users of the service concerned, by not less than fifty per centum of the number of such users;

such tariffs, charges or deposits shall be reconsidered by the council, together with the objections so lodged, and they shall not come into operation unless the resolution is again passed by a majority of the total membership of the council;

(b) submitted to the Electricity Council in terms of paragraph (b) of subsection (2) and, within a period of sixty days from the date it is so submitted, the Electricity Council lodges any objection to the proposed tariff, that proposed tariff shall not come into operation unless the Minister consents thereto.

(4) the notice to councillors of any meeting at which the proposed tariffs, charges or deposits are to be reconsidered for the purposes of subsection(3) shall contain a copy of all objections lodged in terms of paragraph (a) of subsection (3).

(5) a resolution in terms of this section relating to any tariffs, charges or deposits which are provided for in any by-law shall not have the effect of introducing new tariffs, charges or deposits until the by-law concerned has been repealed or amended, as the case may be:
provided that the provisions of this subsection shall not apply in relation to the introduction of a special water tariff which is introduced to have effect during a period of a water shortage’

Section 79 of the Rural Council’s Act[chapter 211]

79. (1) A council may, by resolution passed by a majority of the whole number the councillors thereof, levy charges for services rendered, registration certificates or licenses issued, inspections carried out or any other matter for which by-laws may be ,made in terms of the Third Schedule.

(2) before any such charges come into operation, a statement setting out the proposed charges and any existing charges for the same matters shall, for a period of not less than thirty days, be posted in the manner in which notices are usually posted in the council area and published in newspaper circulating in the neighbourhood.

(3) if, during the said period of thirty days, thirty or more voters lodge objections to the proposed charges, such charges shall be reconsidered by the council together with such objections and shall not come into operation unless passed by a majority of the whole number of the councillors thereof. The notice to councillors of any meeting at which such charges are to be considered shall contain a copy of such objections.

(4) Where such charges are in respect of a designated area, they shall-

(a) be considered by town board prior to the publication in terms of subsection (2); and

(b) if there are any objections thereto lodged in terms of subsection(3), be reconsidered by the town board together with such objections; and

(c) be recommended to the council if passed by a majority of the whole number of councillors for the town board following such consideration and as the case may be, reconsideration;
and on receipt of such recommendation the council shall be deemed to have passed in terms of subsection (1) a resolution to levy such charges for such designated area in accordance with such recommendation.

(5) No resolution made in terms of this section varying any charges which are provided in any by-law shall come into effect until such by-law has been repealed.