The Malkerns Town Council has urged residents and businesses to prioritise the full settlement of their rates before the March 31, 2026, deadline, highlighting both the legal implications and the broader impact on service delivery and development within the town.
Emphasising the importance of compliance, the council stated: “It is important for residents and businesses to ensure rates are fully paid before the deadline because rates are a primary source of revenue for the Town Council.”
The council further pointed to the Rating Act, 1995, noting: “According to section 4 of the Rating Act, 1995, rates are a legal obligation imposed on all rateable property owners and as such, all residents and businesses are required to pay rates on time.”
They added that “the property owner is therefore legally liable to pay rates when they come due as Council sets a due date of payment after which penalties shall apply in accordance with section 27 (1) of the Rating Act, 1995.”
The council stressed that “adhering to the deadlines for payment as set out by Council ensures financial sustainability for the Malkerns Town Council, ensuring compliance with the law, avoiding interests and penalties.”
Funding essential services
Highlighting the direct benefits of rates, the council explained: “Revenue from rates collection are primarily used for road maintenance and infrastructure development, waste collection and disposal services, street lighting, community programmes etc.”
These services, they noted, are essential to maintaining a functional and growing town.
The council warned that failure to settle rates by the deadline carries serious consequences, as guided by the Rating Act, 1995:
“Penalty for late payment – Section 30 of the Rating Act, states that the owner shall be liable to pay the sum owed plus 15 per cent per annum for each month for which the default continues.”
“Final demand – Section 31(3) requires the collector of rates to serve in writing a final demand to the owner requiring him to pay the amount stated therein within 14 days.”
“Legal action – Section 32(1) states that local authority may institute legal proceedings for the recovery of rates owing including additional collection costs.”
“Attachment and sale of property – the court may order the sale of the property by public auction to recover the rates owed to council (Section 32(3)(a)).”
“Transfer restriction – according to section 33(1), no transfer of any immovable property shall be registered by the Register of Deeds without a certificate signed by the collector of rates.”
The council cautioned that non-payment has far-reaching effects on the entire community.
“Non-payment of rates directly affects service delivery and development in that rates are a primary source of revenue for Malkerns Town Council which enables the town council to carry out their duties,” they said.
They further explained: “Non-payment results in revenue shortfalls, which in turn results in the disruption of service delivery such as waste collection and removal road maintenance etc.”
In addition, “planned development projects such as development of sewer lines, tarring of roads, erecting of street lighting maybe delayed or cancelled.”
In its closing message, the council encouraged a collective sense of responsibility among residents and businesses.
“Payment of rates is not just a legal obligation, but an important contribution residents and businesses make to the growth and sustainability of Malkerns Town,” the council stated.
They added: “According to the Rating Act, 1995, all property owners share the responsibility of financing essential town council services and infrastructure development.”
The council emphasised that “payment of rates on time by residents and businesses help ensure reliable service delivery, improved infrastructure and a thriving local economy.”
They also highlighted the protective benefits of compliance: “Compliance also protects property owners from penalties, legal action and restrictions on property transfers.”
Encouraging prompt action, the council concluded: “The town council encourages all ratepayers to meet their obligations promptly and take pride in contributing to the development and future prosperity of the Malkerns community.”
They further noted that “the Office of the Town Treasurer remains open for rate payers to discuss payment options as is permissible under the Rating Act, 1995.”
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