South Africa Case Law

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022)

Lewray Investments (Pty) Ltd and Others v City of Johannesburg and Another (11812/2022) [2025] ZAGPJHC 708 (21 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

11812/2022

Judge

M P Motha

The court found that the City of Johannesburg's creation of a non-sectional title category for refuse tariffs was not authorized by the Municipal Systems Act or the City's Tariff Determination By-laws. The enabling provisions require that tariff differentiation be based on delineated categories specified in the by-laws and policies, such as residential, commercial, industrial, and others, but do not recognize a distinction between sectional and non-sectional title properties. The imposition of the non-sectional title tariff was therefore ultra vires and irrational, as it introduced a category…

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• Municipal Tariffs
• Ultra Vires
• Rationality Review
• Local Government Powers
• Service Delivery Charges

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…

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

Hilandale Homeowners Association t/a Woodland Hills Wildlife Estate Homeowners Association v Mangaung Metropolitan Municipality and Another (5026/2022)

Hilandale Homeowners Association t/a Woodland Hills Wildlife Estate Homeowners Association v Mangaung Metropolitan Municipality and Another (5026/2022) [2023] ZAFSHC 484 (13 December 2023)

Court

Free State High Court, Bloemfontein

Case number

5026/2022

Judge

P. E. Molitsoane

The High Court held that Woodland Hills’ proclamations reserved refuse removal to the town owner, so the municipality could not levy refuse removal fees.

• Municipal Services
• Refuse Removal
• Service Level Agreement
• Township Establishment
• Local Government Powers
• Declaratory Relief

Thulamela Local Municipality v Alimohamed and Others (100/2023)

Thulamela Local Municipality v Alimohamed and Others (100/2023) [2023] ZALMPTHC 13 (6 December 2023)

Court

Limpopo High Court, Thohoyandou

Case number

100/2023

Judge

N E Denge

The court found that the applicant, Thulamela Local Municipality, established all requirements for a final interdict. The respondents constructed a building in material deviation from the approved plan, despite repeated notices and opportunities to rectify. The applicant's right to enforce compliance arises from the Constitution, the Municipal Systems Act, and the National Building Regulations. The respondents' denials were bare and unsupported, and no genuine dispute of fact existed. The urgency of the matter justified amplification of evidence in reply, and the respondents failed to respond…

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• Building Regulations
• Municipal By Laws
• Final Interdict
• Urgent Relief
• Compliance With Approved Plans
• Local Government Powers

Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents Association and Others (1056/2022)

Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents Association and Others (1056/2022) [2023] ZASCA 168; 2024 (4) SA 70 (SCA) (1 December 2023)

Court

Supreme Court of Appeal

Case number

1056/2022

Judges

Nicholls, Mabindla-Boqwana, Binns-Ward, Masipa, Unterhalter

Section 22 of the Municipal Property Rates Act does not prescribe who must initiate the process for establishing a special rating area. The Kouga Local Municipality’s rates policy, which allows ratepayers or a non-profit company to apply for the establishment of an SRA, is consistent with the Act and does not constitute an unlawful delegation of municipal powers. The municipality retains oversight and supervisory functions throughout the process, and the establishment of a management body to implement the approved business plan is permissible. The financial arrangements between the municipali…

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• Municipal Property Rates Act
• Special Rating Areas
• Delegation Of Municipal Powers
• Public Participation
• Judicial Review
• Local Government Powers

Capital City Housing NPC and Another v Msunduzi Municipality and Others (1046/2021P)

Capital City Housing NPC and Another v Msunduzi Municipality and Others (1046/2021P) [2023] ZAKZPHC 91 (1 September 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

1046/2021P

Judge

Mngadi

The High Court ordered Msunduzi Municipality to recognise specified social housing properties as a separate rateable category and amend its Rates Policy.

• Municipal Property Rates Act
• Social Housing
• Rates Policy
• Constitutional Review
• Public Benefit Organisation
• Local Government Powers

Thaba Chweu Rural Forum & Others v The Thaba Chweu Local Municipality and others (737/2021)

Thaba Chweu Rural Forum & Others v The Thaba Chweu Local Municipality and others (737/2021) [2023] ZASCA 25 (14 March 2023)

Court

Supreme Court of Appeal

Case number

737/2021

Judges

Molemela, Nicholls, Mothle, Mali, Siwendu

The Supreme Court of Appeal found that the respondents, as a local sphere of government, repeatedly and unlawfully levied municipal rates on agricultural properties in excess of the statutory limit, in contravention of the Municipal Property Rates Act and its Regulations. Although the appellants delayed for seven years in instituting proceedings, the court held that the interests of justice required overlooking the delay due to the persistent and egregious nature of the respondents' unlawful conduct, which continued despite ongoing objections. The court determined that a just and equitable or…

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• Municipal Property Rates Act
• Local Government Powers
• Retrospective Invalidation
• Public Participation
• Principle Of Legality
• Just And Equitable Relief

Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (680/21)

Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (680/21) [2022] ZANCHC 47 (2 September 2022)

Court

Northern Cape High Court, Kimberley

Case number

680/21

Judges

Mamosebo, Ramaepadi

The court found that the Council of the Sol Plaatje Local Municipality imposed a property rates ratio of 1:22 for mining properties, which was significantly higher than the ratios for other non-residential categories, such as industrial and commercial properties. The municipality failed to provide any rational explanation for this differentiation. In the absence of justification, the differentiation was held to be unreasonable and in breach of section 19(c) of the Rates Act, which prohibits unreasonable discrimination between categories of non-residential properties. The applicants, as proper…

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• Municipal Property Rates Act
• Doctrine Of Legality
• Unreasonable Discrimination
• Local Government Powers
• Constitutional Invalidity
• Retrospective Effect

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020)

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA); 2021 (6) SA 100 (SCA) (9 July 2021)

Court

Supreme Court of Appeal

Case number

234/2020

Judges

Saldulker, Mbha, Schippers, Carelse, Poyo-Dlwati

The majority held that the municipality was entitled to impose a penalty tariff for illegal or unauthorised use of property in terms of its validly adopted property rates policy, without first re-categorising the property on the valuation roll. The penalty tariff is directed at unlawful conduct and is necessary and incidental to the effective performance of municipal functions. The relevant policy provisions and enabling legislation support the municipality's power to levy such penalties, and the respondents' conduct constituted clear jurisdictional facts for the application of the penalty ta…

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• Municipal Property Rates Act
• Differential Rates
• Illegal Land Use
• Penalty Tariffs
• Local Government Powers

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021)

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021) [2021] ZAWCHC 51 (19 March 2021)

Court

Western Cape High Court, Cape Town

Case number

229/2021

Judge

Mangcu-Lockwood

The court found that the jurisdictional requirements for the mandatory intervention under section 139(5) of the Constitution were present and remain extant, as the Municipality continues to be in financial crisis. The intervention, recovery plan, and appointment of the Administrator were lawfully implemented with the Municipality's consent, and the respondents' attempts to terminate the intervention and exclude the Administrator were unlawful. The respondents' collateral challenge was dismissed, as the validity of the intervention and related decisions should be determined in the main proceed…

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• Section 139 Mandatory Intervention
• Municipal Financial Management
• Interim Interdict
• Collateral Challenge
• Public Procurement
• Local Government Powers