South Africa Case Law

City of Tshwane Metropolitan Municipality v Moatshi (45183/2018)

City of Tshwane Metropolitan Municipality v Moatshi (45183/2018) [2025] ZAGPPHC 137 (17 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

45183/2018

Judge

Collis

The High Court granted leave to appeal in a dispute over section 118(1) of the Municipal Systems Act and whether interest may be charged before issuing a clearance certificate.

• Municipal Clearance Certificates
• Interpretation Of Statutes
• Interest On Arrears
• Local Government Municipal Systems Act
• Municipal-clearance-certificates
• Interpretation-of-statutes

Body Corporate The Straight v Katisi (2023/031774)

Body Corporate The Straight v Katisi (2023/031774) [2025] ZAGPJHC 2 (3 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/031774

Judge

Windell

The court found that the Body Corporate is entitled to judgment for arrear levies and electricity charges, as the respondent conceded indebtedness and failed to raise a valid defence. The scheme's rules and resolutions, passed by the trustees, bind all unit owners, including the respondent, and authorise recovery of arrears and disconnection of electricity for non-payment. The Body Corporate demonstrated a tacit agreement with the respondent upon his purchase of the unit, obliging him to comply with scheme rules. The applicant followed due process, including notice of consequences for non-pay…

Source excerpt

• Sectional Titles Schemes Management Act
• Arrear Levies
• Electricity Disconnection
• Tacit Agreement
• Interest On Arrears

Moatshi v City of Tshwane Metropolitan Municipality (45183/2018)

Moatshi v City of Tshwane Metropolitan Municipality (45183/2018) [2024] ZAGPPHC 331 (11 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

45183/2018

Judge

Collis

The court held that section 118(1) of the Local Government: Municipal Systems Act does not permit a municipality to include interest on arrears in the amount required for the issuance of a rates clearance certificate. The statutory language lists only municipal service fees, surcharges, rates, taxes, levies, and duties, and does not mention interest. The legislature could have expressly included interest but did not do so, and the court is prohibited from reading interest into the section. Interest may only be charged when a demand has been made, services have been rendered and utilised, and…

Source excerpt

• Municipal Rates Clearance
• Interest On Arrears
• Local Government Powers
• Statutory Interpretation
• Constitutional Property Rights

Selorne Park Body Corporate SS184/2001 v Mc Gregor (D12787/2018)

Selorne Park Body Corporate SS184/2001 v Mc Gregor (D12787/2018) [2023] ZAKZDHC 75 (16 October 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D12787/2018

Judge

Harrison AJ

High Court held a sectional title owner liable for levies on developed and undeveloped units, upheld 2% monthly interest, and granted judgment with costs.

• Sectional Title Schemes Management Act
• Levy Liability
• Management Rules Amendment
• Interest On Arrears
• Allocation Of Expenses
• Sectional-title-schemes-management-act

MEC for Education, Eastern Cape Province v Malao (CA229/2021)

MEC for Education, Eastern Cape Province v Malao (CA229/2021) [2023] ZAECMKHC 42 (14 March 2023)

Court

Eastern Cape High Court, Makhanda

Case number

CA229/2021

Judges

GH Bloem, JW Eksteen, A Govindjee

The court held that a settlement agreement compromised the employee’s claims for interest and costs on arrear salary, so a later application for them was barred.

• Settlement Agreement
• Interest On Arrears
• Costs Award
• Compromise Of Claim
• Settlement-agreement
• Compromise-of-claim

Marble & Granite Designs C and Another v Custom Capital Finance (Pty) Ltd (A101/2021)

Marble & Granite Designs C and Another v Custom Capital Finance (Pty) Ltd (A101/2021) [2022] ZAFSHC 201 (15 August 2022)

Court

Free State High Court, Bloemfontein

Case number

A101/2021

Judges

N.S. Daniso, M.A. Mathebula

The High Court dismissed an appeal over a rental agreement for PABX equipment, holding the appellants were bound by their signatures and the contract was enforceable.

• Rental Agreement Enforcement
• Contract Validity
• Onus Of Proof
• Suretyship
• Damages For Breach
• Interest On Arrears

Police and Prison Civil Rights Unions and Others v National Commissioner of South African Police Service (JS 136/16)

Police and Prison Civil Rights Unions and Others v National Commissioner of South African Police Service (JS 136/16) [2022] ZALCJHB 73 (22 March 2022)

Court

Labour Court Johannesburg

Case number

JS 136/16

Judge

Mabaso

The court found that while a differential in payment of the Scarce Skill Allowance existed, the applicants failed to establish that the additional eligibility requirements for the Internal Audit Department were arbitrary or unjustified. The rationale for the Allowance and its criteria was adequately explained by the SAPS, and the applicants did not prove that the exclusion amounted to unfair discrimination on an arbitrary ground as required by section 6(4) of the Employment Equity Act. The court accepted the respondent's evidence that the Allowance was designed to retain scarce skills and tha…

Source excerpt

• Employment Equity Act
• Unfair Discrimination
• Remuneration Policy
• Burden Of Proof
• Interest On Arrears

Municipality Workers Retirement Fund v Mafube Local Municipality (2672/2021)

Municipality Workers Retirement Fund v Mafube Local Municipality (2672/2021) [2021] ZAFSHC 342 (9 September 2021)

Court

Free State High Court, Bloemfontein

Case number

2672/2021

Judge

P.E. Molitsoane

The High Court ordered Mafube Local Municipality to pay arrear pension contributions, prescribed interest, and attorney-and-client costs to the Municipal Workers Retirement Fund.

• Pension Fund Contributions
• Statutory Obligations
• Interest On Arrears
• Attorney And Client Costs
• Pension-fund-contributions
• Statutory-obligations

South African Tourism v Monare (JA76/2019)

South African Tourism v Monare (JA76/2019) [2020] ZALAC 47; (2021) 42 ILJ 125 (LAC) ; [2021] 4 BLLR 386 (LAC) (27 August 2020)

Court

Labour Appeal Court

Case number

JA76/2019

Judges

Coppin, Kathree-Setiloane, Murphy

The Labour Appeal Court held that Monare’s arrear salary claim had not prescribed after review proceedings delayed enforcement of a reinstatement award.

• Prescription Act
• Unlawful Dismissal
• Contractual Damages
• Interest On Arrears
• Costs Award
• Prescription

Ketzer v Gardens Lodge Body Corporate (1073/17)

Ketzer v Gardens Lodge Body Corporate (1073/17) [2019] ZASCA 15 (20 March 2019)

Court

Supreme Court of Appeal

Case number

1073/17

Judges

Navsa, Tshiqi, Swain, Carelse, Matojane

Summary judgment was refused because the claimed interest and extra charges were disputed and could not be separated from the capital claim.

• Summary Judgment
• Sectional Titles Act
• Interest On Arrears
• Leave To Defend
• Summary-judgment
• Disputed-interest