South Africa Case Law

Mogale Local Municipality v YYY Trading CC (00016/2018)

Mogale Local Municipality v YYY Trading CC (00016/2018) [2019] ZAGPJHC 165 (21 May 2019)

Court

South Gauteng High Court, Johannesburg

Case number

00016/2018

Judges

Siwendu, Bhikha

The Municipality failed to discharge its onus to prove the correctness of its accounts and the basis for the charges attributed to YYY Trading CC. The evidence did not support the assertion that the debt was due to historical water consumption, nor did it establish a valid basis for the charges raised. The Municipality's witnesses relied on assumptions and could not explain key entries or the installation and operation of the water meter. The payment made by YYY Trading CC was not in error but under protest to obtain a rates clearance certificate, and the Municipality did not fulfil its const…

Source excerpt

• Municipal Systems Act
• Rates Clearance Certificate
• Onus Of Proof
• Condictio Indebiti
• Service Delivery
• Historical Debt

Mogale Local Municipality v YYY Trading CC (00016/2018)

Mogale Local Municipality v YYY Trading CC (00016/2018) [2019] ZAGPJHC 524 (29 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

00016/2018

Judges

Siwendu, Bhikha

The Municipality failed to discharge its onus to prove the correctness of the accounts and the basis for the charges attributed to YYY Trading CC. The evidence did not support the assertion that the debt was due by YYY Trading CC, nor did it establish the correctness of the water meter readings or the existence of a consumption agreement. The Municipality's records and explanations were inconsistent, and it did not provide sufficient evidence to justify the charges. The payment made by YYY Trading CC was not made in error but under protest to obtain a rates clearance certificate. The Municipa…

Source excerpt

• Municipal Systems Act
• Rates Clearance Certificate
• Onus Of Proof
• Condictio Indebiti
• Service Delivery
• Historical Debt

Mohlobuli and Another v Mogale City Municipality (13167/2013)

Mohlobuli and Another v Mogale City Municipality (13167/2013) [2014] ZAGPPHC 612 (15 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

13167/2013

Judge

Bredenkamp IM

The court held that the municipality is only entitled to demand payment of municipal debts incurred during the two years preceding the application for a clearance certificate, as provided by section 118(1)(b) of the Local Government: Municipal Systems Act. The additional amount claimed by the respondent as historical debt falls outside the statutory period and cannot be enforced as a precondition for issuing the certificate. The applicants, having paid the required amount, are entitled to the clearance certificate. The court further noted that section 89 of the Insolvency Act limits the munic…

Source excerpt

• Municipal Clearance Certificate
• Historical Debt
• Insolvent Estate Transfer

City of Tshwane Metropolitan Municipality v Mathabathe and Another (502/12)

City of Tshwane Metropolitan Municipality v Mathabathe and Another (502/12) [2013] ZASCA 60; 2013 (4) SA 319 (SCA); [2013] 3 All SA 227 (SCA) (22 May 2013)

Court

Supreme Court of Appeal

Case number

502/12

Judges

Ponnan, Majiedt, Erasmus, Swain, Zondi

The Supreme Court of Appeal held that section 118(3) creates a separate statutory charge for municipal debts and does not justify demanding an undertaking for historical debt.

• Municipal Clearance Certificate
• Statutory Hypothec
• Historical Debt
• Section 118 Municipal Systems Act
• Municipal-clearance-certificate
• Statutory-hypothec