Jacobs & Smilowski CC v City of Tshwane Metropolitan Municipality (47730/2011) [2013] ZAGPPHC 193 (10 July 2013)

Jacobs & Smilowski CC v City of Tshwane Metropolitan Municipality (47730/2011) [2013] ZAGPPHC 193 (10 July 2013)

The court found that the respondent was entitled to levy 'non-permitted use' rates on the applicant's property because the property was zoned residential but used for business purposes, which falls within the municipality's policy and by-laws. The applicant, by paying only the business and commercial rate, was in arrears with the rates account. The respondent was therefore entitled under its Credit Control By-Laws to disconnect water and electricity supply to the property. The court further held that there is no statutory requirement for a municipality to obtain a court order before discontinuing services for non-payment. Regarding the contempt allegation, the court found that the...

Citation
[2013] ZAGPPHC 193
Parties
Applicant: Jacobs & Smilowski CC; Respondent: City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 July 2013
Case Number
47730/2011
Procedural Posture
Urgent Application / Final Determination After Expiry of Rule Nisi
Outcome
Application dismissed; rule nisi discharged with costs awarded to the respondent.
Judges
E M Kubushi
Legal Topics
Municipal Rates, Non Permitted Use, Credit Control by Laws, Service Disconnection, Contempt of Court
Land and Property Administrative Law Municipal Rates Non Permitted Use Credit Control by Laws Service Disconnection Contempt of Court

Case Brief

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Parties

Jacobs & Smilowski CC

Applicant

City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Final Determination After Expiry of Rule Nisi

Legal Issues

  1. 1 Whether the respondent is entitled to levy 'non-permitted use' rates on the applicant's property.
  2. 2 Whether the applicant is in arrears with rates and taxes for the property.
  3. 3 Whether the respondent is entitled to disconnect water and electricity supply to the property without a court order.

Ratio Decidendi

The court found that the respondent was entitled to levy 'non-permitted use' rates on the applicant's property because the property was zoned residential but used for business purposes, which falls within the municipality's policy and by-laws. The applicant, by paying only the business and commercial rate, was in arrears with the rates account. The respondent was therefore entitled under its Credit Control By-Laws to disconnect water and electricity supply to the property. The court further held that there is no statutory requirement for a municipality to obtain a court order before discontinuing services for non-payment. Regarding the contempt allegation, the court found that the...

Court Disposition

Application dismissed; rule nisi discharged with costs awarded to the respondent.

Orders

  • The rule nisi is discharged with costs.
  • The respondent is awarded the costs of suit including the costs occasioned on 19 August 2011.