Malherbe v City of Johannesburg Metropolitan Municipality (16143/2021) [2022] ZAGPJHC 587 (22 August 2022)

Malherbe v City of Johannesburg Metropolitan Municipality (16143/2021) [2022] ZAGPJHC 587 (22 August 2022)

The court found that the respondent complied with section 53(1) of the Local Government: Municipal Property Rates Act by notifying the applicant's authorised representative, Mr Malherbe, at the address and email provided in the objection forms. The power of attorney authorised Mr Malherbe to act on the applicant's...

Source-derived case information.

Citation
[2022] ZAGPJHC 587
Parties
Applicant: Edelweiss Malherbe; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
22 August 2022
Case Number
16143/2021
Procedural Posture
Review Application / Final Judgment After Hearing on 19 May 2022
Outcome
Application dismissed with costs.
Judges
E Dippenaar
Legal Topics
Municipal Property Rates Act, Valuation Rolls, Notification of Outcome, Compulsory Review, Service of Documents
Administrative Law Land and Property Municipal Property Rates Act Valuation Rolls Notification of Outcome Compulsory Review Service of Documents

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Parties

Edelweiss Malherbe

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing on 19 May 2022

Legal Issues

  1. 1 Whether the respondent complied with section 53(1) of the Local Government: Municipal Property Rates Act by notifying the applicant of the outcome of her objections.
  2. 2 Whether notification to the applicant's representative, rather than the applicant herself, constitutes compliance with section 53(1).
  3. 3 Whether section 53(1) notices were valid if issued before the compulsory review under section 52 was finalised.

Ratio Decidendi

The court found that the respondent complied with section 53(1) of the Local Government: Municipal Property Rates Act by notifying the applicant's authorised representative, Mr Malherbe, at the address and email provided in the objection forms. The power of attorney authorised Mr Malherbe to act on the applicant's behalf, including receiving notifications. The Act does not prescribe personal service on the applicant, and notification to the authorised representative is sufficient. Even if strict compliance was lacking, substantial compliance was achieved when the applicant's attorney received the notices by 20 August 2020. The court rejected the applicant's argument that section 53(1)...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.