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South Africa Case Law

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Administrative Law [2024] ZAKZPHC 94

Langlaagte Truck and Car CC v Ethekwini Municipality (9219/2023P)

Langlaagte Truck and Car CC v Ethekwini Municipality (9219/2023P) [2024] ZAKZPHC 94 (31 October 2024)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
9219/2023P
Judge
Poyo Dlwati

The court held that the conditions of sale were clear and unambiguous, imposing liability on the purchaser for all municipal debts and taxes owed in respect of the property, including historic debt. The applicant, by accepting the conditions of sale, assumed the obligations of the judgment debtor regarding municipal arrears. The municipality was entitled to demand payment of historic debt before issuing a rates clearance certificate, and the applicant's payment under protest did not alter its contractual liability. The application for recovery of the historic debt paid was dismissed, as the a…

Source excerpt

  • Municipal Rates Clearance
  • Historical Municipal Debt
  • Sale In Execution
  • Contractual Liability
  • Section 118 Municipal Systems Act
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Land And Property [2014] ZAGPPHC 758

Perregrine v City of Tshwane Metropolitan Municipal Authority (50816/14)

Perregrine v City of Tshwane Metropolitan Municipal Authority (50816/14) [2014] ZAGPPHC 758 (8 September 2014)

Court
North Gauteng High Court, Pretoria
Case number
50816/14
Judge
D S Fourie

The court held that the statutory hypothec created by section 118(3) of the Municipal Systems Act is extinguished when property is sold in execution and transferred to a new owner. The principal debt for historical municipal charges remains with the original debtor and does not transfer to the new owner or successor in title. There is no statutory or contractual basis for imposing joint or several liability for historical debts on successors in title. The municipality is not entitled to refuse the supply of municipal services to the new owner solely because of outstanding historical debts inc…

Source excerpt

  • Municipal Services
  • Statutory Hypothec
  • Historical Municipal Debt
  • Sale In Execution
  • Section 118 Municipal Systems Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.