How do I Object?


OBJECTION PROCESS

The owners of properties within the boundaries of the Newcastle Local Municipality or any other person have the right to inspect the general valuation roll and object to the entry in the roll where the owner or any other person disagrees with the entry in the roll or against an omission from the roll.

Date of valuation: 02 July 2018
Date of implementation: 1 July 2019.
Please make sure you complete the official objection form and not a query form.

CONTENTS OF GENERAL VALUATION ROLL

Local Government Municipal Property

Rates Act 6 of 2004, as amended (Section 48) The Local Government Municipal Rates Act No 6 of 2004 stipulates that:
A General Valuation Roll must list all rateable properties in the municipality.The valuation roll must reflect the following particulars in respect of each property as at the date of valuation to the extent that such information is reasonably determinable and all these entries can be objected against:

  1. The registered or other description of the property;
  2. The category determined in terms of section 8 in which the property falls;
  3. The physical address of the property;
  4. The extent of the property;
  5. The market value of the property, if the property was valued;
  6. The name of the owner; and
  7. Any other prescribed particulars.

PUBLIC NOTICES OF GENERAL VALUATION ROLL

Local Government Municipal Property Rates Act (Section 49)

The Valuation Roll must be printed, bound, certified and handed over to the Municipal Manager by the Municipal Valuer 5 months before implementation date of the roll.
The Municipal Manager must within 21 days of receipt of the Roll publish in the Provincial Gazette once a week for two consecutive weeks that the Roll is open for inspection and also in the media. The Valuation Roll must be opened for inspection for a minimum of 30 days (prescribed by Section 49 of the MPRA).
Section 49 notices inviting the owners to inspect the Valuation Roll and object to the entry in the roll where the owner disagrees with the entry or against an omission from the roll must be sent by ordinary mail, together with an extract of the valuation roll pertaining to that owner's property.
The General Valuation roll must be published on the official website of the municipality for the duration of the inspection period.

INSPECTION OF AND OBJECTIONS TO GENERAL VALUATION ROLL

Local Government Municipal Property rates Act (Section 50)

  • Any person may inspect the Valuation Roll within the inspection period and lodge an objection against any of the entries that appears in the Valuation Roll.
  • Reason for the objection, along with evidence to support the objection must be included.
  • A municipal council may also lodge an objection with the municipal manager against any entry that appears in the roll.
  • It is important to note the objection, must be in relation to a specific individual property and not against the Valuation Roll as such.
  • The Municipal manager must after the end of the inspection period submit all objections to the Municipal Valuer.
  • The lodging of objections does not defer the liability for payment of rates and taxes.

PROCESSING OF OBJECTIONS

Local Government Municipal Property Rates Act (Section 51)

  • The objections received by the public are checked, captured on the municipality's system and objection numbers are automatically allocated.
  • A confirmation letter is produced and serves as proof that the objector submitted an objection against a specific entry.
  • The municipal valuer must consider the objections and make a decision in terms of Section 51 and adjust the Valuation Roll. The number of objections and its complexity will determine the time frames.

COMPULSORY REVIEW OF DECISIONS OF THE MUNICIPAL VALUER

Local Government Municipal Property Rates Act (Section 52)

  • In the event that the Municipal Valuer adjusts the value by more than 10% upwards or downwards the objection will be submitted to the Valuation Appeal Board for a compulsory review.
  • The appeal board must review the decision and confirm, revoke or amend the decision.
  • When the appeal board amends or revokes the value, the chairperson and the valuer must ensure that the valuation roll is adjusted in accordance with the decisions taken by the appeal board.
  • Any adjustments or additions made to General Valuation Roll in terms of the above must take effect on the effective date of the General Valuation Roll.
  • Any adjustment in the valuation of the property that affects the rates payable, the value on the account must be adjusted accordingly.

NOTIFICATION OF OUTCOME OF OBJECTION

Local Government Municipal Property Rates Act (Section 53)

  • The Municipal Valuer must in writing, inform the objector what the Valuers' decision is and whether Section 52 applies (change by more than 10%).
  • The objector and owner will be notified of the Municipal Valuers' decision.
  • The objector may apply in writing for written reasons of the Municipal Valuer’s decision.
  • Written reasons must be applied for within 30 days after the date of the notification at a fee as proclaimed in the Local Government Gazette, such fee must be paid in advance.
  • The Municipal Valuer must provide written reasons within 30 days of application.
  • If the client is still not happy, an appeal must be lodged within 21 days of receiving the reasons.

NO FORM EMAIL OR FACSIMILE (FAX) SUBMISSIONS WILL BE ACCEPTED.

NO LATE OBJECTIONS WILL BE ACCEPTED.

CLOSING DATE FOR OBJECTIONS IS 15:00 ON 12 April 2019.

The completed objection forms can be returned BY HAND to any of the centres listed below, or submitted ONLINE on the website. Kindly bring along the Section 49 notice when submitting your objection, as this will expedite the submission process:

APPEAL PROCESS

RIGHT OF APPEAL

Local Government Municipal Property Rates Act (Section 54)
An appeal to an appeal board against a decision of a Municipal Valuer in terms of Section 51 may be lodged in the prescribed manner with the Municipal Manager concerned by:

  1. A person who has lodged an objection in terms of section 50 (1) (c) and who is not satisfied with the decision of the Municipal Valuer;
  2. An owner of a property who is affected by such a decision, if the objector was not the owner; or
  3. The Council of the municipality concerned, if the municipality's interests are affected.

The Chairperson of the Appeal Board must inform all parties concerned of the date and venue where the appeal hearing will take place.

The Chairperson of the Appeal Board and the Valuer of the Municipality must ensure that the Valuation Roll is adjusted or added to in accordance with the decision of the Appeal Board.

The Valuation Appeal Board is an independent body appointed by the MEC for Local Government under Section 56 of the Municipal Property Rates Act. The Board consists out of a legal representative (Advocate) and two professional valuers, registered at the SA Council for Professional Valuers.

How do I lodge an Appeal?

Details of this will be provided to you together with the outcome of your objection.