09/05/2024
Mr. S. More
City Manager
Mangaung Metropolitan Municipality
Bram Fischer Building
Cnr Nelson Mandela Drive and Markgraaf Street
BLOEMFONTEIN
9301
By hand
By e-mail: |
sello.more@mangaung.co.za
charlie.naidoo@manguang.co.za
francois.nel@manguang.co.za
ngaka.dumalisile@manguang.co.za
|
Dear Mr More
NOTICE OF APPEAL IN TERMS OF SECTION 36 OF THE MANGAUNG METROPOLITAN MUNICIPALITY BY-LAWS RELATING TO WASTE MANAGEMENT
On , I submitted an application for exemption from my dues relating to waste management through AfriForum’s website. My personal details are as follows:
- Full name and surname:
- My municipal account number:
- My residential address:
The exemption application was brought in terms of Section 35 of the Mangaung Metropolitan Municipality by-laws relating to waste management (the “by-law”).
The premise of the exemption application was brought under the provisions of Section 23 of the by-law.
Section 23(1) of the by-law states:
“The owner of premises where the Municipality is rendering waste services contemplated in the by-law is liable for the payment of prescribed tariffs for such services, and is not exempted from or reduction of such tariffs due to non-usage, partial or limited use of such services”.
Further, Section 35 of the by-law states:
“(1) Any person may by means of a written application, in which the reasons are given in full, apply to the Municipality for exemption from any provision of this by-law. (2) The Municipality may (a) grant an exemption in writing and the conditions in terms of which, if any, and the period for which such exemption is granted be stipulated therein”.
On 6 October 2023, the Municipality took a decision to reject my exemption application for municipal refuse removal services. The rejection is based on a very simple notion that there is a pending matter in the Bloemfontein High Court. A matter wherein you neglect to provide the details and I am not privy to these details. There is no way for me to determine whether the details are applicable to me. In light thereof, I am of the view that the rejection is vague and fails to address the merit of the exemption application in my particular instance, duly applied for in terms of Section 35 of the by-law.
My exemption application is based on the following:
- Waste collection is sporadic, inconsistent and inaccurate.
- Lack of waste removal causes serious health risks.
- I would like to appoint a private waste management company to attend to waste collection at my property. A private company will be able to provide accurate and consistent waste collection services, mitigating the health risks caused by the accumulation of waste.
Your rejection as vague as it may be, failed to address my exemption application.
I, therefore, in terms of Section 36 of the by-law supported by Section 62 of the Local Government: Municipal Systems Act, 32 of 2000 (the “Act”) hereby appeal to you to reconsider your decision.
In terms of Section 62(4)(b) of the Act, as the acting municipal manager, you are to submit this appeal to the executive committee or executive mayor, or should the municipality not have an executive committee or executive mayor, to the council of the municipality.
In support of my appeal, Section 23 of the by-law is applicable, the municipality has failed to execute its statutory duties which include the removal of waste from my premises. I continue to pay for services that are not being delivered.
Accordingly, I further submit that the appeal must succeed given that the decision to reject my exemption application is based on external factors not applicable to my circumstances or the exemption application itself and is therefore bad in law and is subjected to review.
Please let me have your feedback in this regard.
Yours faithfully
