South Africa Case Law

Sanyanga v City of Johannesburg and Another (4506/22)

Sanyanga v City of Johannesburg and Another (4506/22) [2024] ZAGPPHC 1374 (14 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

4506/22

Judge

N V Khumalo

The court found that the applicants, as tenants, have locus standi to challenge the municipality's actions affecting their public law rights to municipal services, relying on Joseph v City of Johannesburg. The City failed to comply with procedural fairness requirements by not serving the pre-termination notice at a prominent place accessible to tenants, thus depriving them of an opportunity to engage or challenge the disconnection. The existence of unresolved billing disputes further justified the applicants' urgent approach and the granting of the interdict. The requirements for a final inte…

Source excerpt

• Municipal Services Disconnection
• Procedural Fairness
• Locus Standi
• Contempt Of Court
• Credit Control By Laws
• Interdict Requirements

Cosmo Retail Park (Pty) Ltd v City of Tshwane Metropolitan Municipality (95508/2015)

Cosmo Retail Park (Pty) Ltd v City of Tshwane Metropolitan Municipality (95508/2015) [2018] ZAGPPHC 61 (12 February 2018)

Court

North Gauteng High Court, Pretoria

Case number

95508/2015

Judge

Ranchod

The High Court dismissed a declaratory application about municipal property rates, finding no proof that a R350,000 payment was accepted in full and final settlement.

• Municipal Property Rates
• Declaratory Relief
• Credit Control By Laws
• Full And Final Settlement
• Municipal-property-rates
• Declaratory-relief

Jacobs & Smilowski CC v City of Tshwane Metropolitan Municipality (47730/2011)

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

Court

North Gauteng High Court, Pretoria

Case number

47730/2011

Judge

E M Kubushi

The High Court held that Tshwane could levy “non-permitted use” rates on a residential property used for business and could disconnect services for arrears.

• Municipal Rates
• Non Permitted Use
• Credit Control By Laws
• Service Disconnection
• Contempt Of Court
• Municipal-rates