Mulberry Properties (PTY) Ltd v City of Johannesburg Metropolitan Municipality (41845/2021) [2022] ZAGPJHC 911 (17 November 2022)

Mulberry Properties (PTY) Ltd v City of Johannesburg Metropolitan Municipality (41845/2021) [2022] ZAGPJHC 911 (17 November 2022)

The court held that the applicant was required to exhaust its internal remedies under the Rates Act before seeking judicial review of the municipal property valuation. The applicant had an available appeal to the Valuation Appeal Board, which it failed to pursue, and did not bring a substantive application for exemption from this requirement. The court found no factual basis for the applicant's claim that the appeal would be futile or that exceptional circumstances existed. The matters raised by the applicant, including the interpretation and application of the Rates Policy and the professional practices of the Municipal Valuer, were deemed to be within the competence of the Valuation...

Citation
[2022] ZAGPJHC 911
Parties
Applicant: Mulberry Properties (PTY) Ltd; Respondent: City of Johannesburg Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
17 November 2022
Case Number
41845/2021
Procedural Posture
Review Application / First Instance Judgment
Outcome
Application refused. Applicant directed to exhaust statutory appeal process before further review. Each party to pay its own costs.
Judges
S D J Wilson
Legal Topics
Municipal Property Rates Act, Exhaustion of Internal Remedies, Administrative Action, Valuation Appeal Board
Administrative Law Land and Property Municipal Property Rates Act Exhaustion of Internal Remedies Administrative Action Valuation Appeal Board

Case Brief

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Parties

Mulberry Properties (PTY) Ltd

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Procedural Posture

Review Application / First Instance Judgment

Legal Issues

  1. 1 Whether the applicant was required to exhaust internal remedies before seeking judicial review of the municipal property valuation.
  2. 2 Whether the parent and child valuation methodology was permissible under the applicable Rates Policy and legislation.
  3. 3 Whether exceptional circumstances existed to exempt the applicant from exhausting internal remedies.

Ratio Decidendi

The court held that the applicant was required to exhaust its internal remedies under the Rates Act before seeking judicial review of the municipal property valuation. The applicant had an available appeal to the Valuation Appeal Board, which it failed to pursue, and did not bring a substantive application for exemption from this requirement. The court found no factual basis for the applicant's claim that the appeal would be futile or that exceptional circumstances existed. The matters raised by the applicant, including the interpretation and application of the Rates Policy and the professional practices of the Municipal Valuer, were deemed to be within the competence of the Valuation...

Court Disposition

Application refused. Applicant directed to exhaust statutory appeal process before further review. Each party to pay its own costs.

Orders

  • The application is refused.
  • The applicant is directed to exhaust the appeal process provided for in section 54 of the Local Government: Municipal Property Rates Act 6 of 2004 before instituting further review proceedings.