Wynand N.O and Another v MEC for the Dept of Local Government And Housing of the Gauteng Province and Another (20291/2013) [2014] ZAGPJHC 388 (19 December 2014)

Wynand N.O and Another v MEC for the Dept of Local Government And Housing of the Gauteng Province and Another (20291/2013) [2014] ZAGPJHC 388 (19 December 2014)

The court found that the MEC's refusal to condone the late filing of the applicants' appeal was reasonable and supported by the evidence. The applicants failed to provide a satisfactory explanation for the lengthy delay in lodging their appeal, having taken two years to discover the omission and a further eight months to seek condonation. The MEC correctly considered the impact of the delay on the municipality's ability to discharge its duties and the public interest in the finality of administrative decisions. The applicants' grounds for appeal lacked merit, as the categorisation of the units and the inclusion of VAT did not materially affect the valuations, which were supported by...

Citation
[2014] ZAGPJHC 388
Parties
Applicant: Spies, Ronald Wynand N.O; Applicant: Lourens, Mathys Stephanus N.O; Applicant: The Persons/Entities listed in Annexure “A”; Respondent: MEC for the Dept of Local Government and Housing of the Gauteng Province; Respondent: City of Johannesburg
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
19 December 2014
Case Number
20291/2013
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Vally
Legal Topics
Municipal Property Rates Act, Condonation of Late Filing, Judicial Review, Promotion of Administrative Justice Act, Valuation Rolls, Reasonableness of Administrative Action
Administrative Law Land and Property Municipal Property Rates Act Condonation of Late Filing Judicial Review Promotion of Administrative Justice Act Valuation Rolls Reasonableness of Administrative Action

Case Brief

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Parties

Spies, Ronald Wynand N.O

Applicant

Lourens, Mathys Stephanus N.O

Applicant

The Persons/Entities listed in Annexure “A”

Applicant

MEC for the Dept of Local Government and Housing of the Gauteng Province

Respondent

City of Johannesburg

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the MEC's refusal to condone the late filing of the applicants' appeal was so unreasonable that no reasonable person could have made such a decision.
  2. 2 Whether the delay and explanation provided by the applicants for the late filing were reasonable.
  3. 3 Whether the applicants had prospects of success in their appeal against the municipal valuations.

Ratio Decidendi

The court found that the MEC's refusal to condone the late filing of the applicants' appeal was reasonable and supported by the evidence. The applicants failed to provide a satisfactory explanation for the lengthy delay in lodging their appeal, having taken two years to discover the omission and a further eight months to seek condonation. The MEC correctly considered the impact of the delay on the municipality's ability to discharge its duties and the public interest in the finality of administrative decisions. The applicants' grounds for appeal lacked merit, as the categorisation of the units and the inclusion of VAT did not materially affect the valuations, which were supported by...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are jointly and severally liable for the costs of the application.