South Africa Case Law

Central University of Technology, Free State and Mangaung Metropolitan Municipality and Others (A12/2020)

Central University of Technology, Free State and Mangaung Metropolitan Municipality and Others (A12/2020) [2023] ZAFSHC 340 (24 August 2023)

Court

Free State High Court, Bloemfontein

Case number

A12/2020

Judges

Mhlambi, Opperman

The court held that the municipality failed to serve the required MPRA notice and extract, rendering the valuation and rates unlawful and setting them aside.

• Municipal Property Rates Act
• Valuation Rolls
• Legality Review
• Failure To Serve Notice
• Categorisation Of Properties
• Unlawful Levying Of Rates

Mohale v Minister of Safety and Security (1367/09)

Mohale v Minister of Safety and Security (1367/09) [2016] ZAECPEHC 76 (13 December 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1367/09

Judge

NW Gqamana

The applicant failed to provide a satisfactory explanation for his failure to serve the required notice and for the delay in bringing the condonation application. Despite being made aware of the non-compliance, he took no remedial action for almost seven years. The explanation offered was lacking and insufficient, and the applicant's bona fides were questionable, particularly as he refused to sign the condonation application when advised by his attorney. The prospects of success on the merits were found to be very slender. The court was not satisfied that good cause existed to grant condonati…

Source excerpt

• Condonation
• Institution Of Legal Proceedings Against Organs Of State
• Failure To Serve Notice
• Good Cause
• Reserved Costs