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

Churchill House (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (32188/2021)

Churchill House (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality (32188/2021) [2022] ZAGPPHC 785 (20 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

32188/2021

Judge

Strijdom

The court held that the respondent is only entitled to claim charges arising under section 118(1) of the Municipal Systems Act for the two years preceding the application for clearance certificates. The respondent's reliance on section 89 of the Insolvency Act to extend the claimable period is incorrect and inconsistent with binding precedent. The applicants' attorneys have proper authority to bring the application, and any challenge to authority should have been made by Rule 7 notice. The respondent's opposition was unfounded, and a punitive costs order is warranted. The respondent is ordere…

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• Municipal Clearance Certificates
• Liquidation Procedure
• Section 118 Municipal Systems Act
• Section 89 Insolvency Act
• Locus Standi
• Costs Orders

Sienaert Prop CC v The City of Johannesburg Metropolitan Municipality and Another (2021/31566)

Sienaert Prop CC v The City of Johannesburg Metropolitan Municipality and Another (2021/31566) [2021] ZAGPJHC 490 (23 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/31566

Judge

E Weiner

The court found that the respondents were in contempt of the Kollapen J order, as they failed to comply with its terms and did not raise a genuine dispute of fact regarding the electricity charges. The respondents did not challenge the applicant's expert evidence and failed to provide revised clearance figures excluding electricity charges, as required. The court held that the applicant was entitled to mandamus relief compelling the respondents to issue a clearance certificate upon payment of rates, taxes, water, and ancillary charges, excluding electricity. Urgency was established due to the…

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• Municipal Clearance Certificates
• Contempt Of Court
• Section 118 Municipal Systems Act
• Tariff Dispute Electricity
• Urgent Interdict
• Punitive Costs

Arewa v City of Johannesburg Metropolitan Municipality (2017/40710)

Arewa v City of Johannesburg Metropolitan Municipality (2017/40710) [2018] ZAGPJHC 668 (13 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2017/40710

Judge

Windell

The court found that the applicant paid the clearance amount under protest to obtain the necessary certificate for transfer of the property. The respondent had previously vetted the account and provided a lower figure, which was paid, and subsequent monthly accounts did not support the much higher clearance figure demanded. The respondent failed to discharge its onus to prove the correctness of its accounts and did not account for all payments received from the applicant. Furthermore, any charges older than three years had prescribed and could not be included in the clearance amount. The appl…

Source excerpt

• Municipal Clearance Certificates
• Condictio Indebiti
• Payment Under Protest
• Prescription Of Charges
• Onus Of Proof On Municipality

City of Johannesburg v Ferox Investments (Pty) Ltd (A5053/2016)

City of Johannesburg v Ferox Investments (Pty) Ltd (A5053/2016) [2017] ZAGPJHC 58 (10 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A5053/2016

Judges

FHD Van Oosten, WL Wepener, LR Adams

The High Court dismissed the City of Johannesburg’s appeal over a disputed water account adjustment, holding that the City failed to prove the correctness of its manual posting.

• Municipal Clearance Certificates
• Statement And Debatement Of Account
• Onus Of Proof
• Water Consumption Charges
• Refund Of Overpayment
• Municipal-water-billing

EM And EM Engineering (Pty) Limited v KwaDukuza Municipality and Others (9349/2014)

EM And EM Engineering (Pty) Limited v KwaDukuza Municipality and Others (9349/2014) [2015] ZAKZDHC 55 (26 June 2015)

Court

Kwazulu-Natal High Court, Durban

Case number

9349/2014

Judge

Van Zÿl

The court held that municipal clearance amounts under section 118(1) must be calculated by reference to the specific erf being transferred, not the entire mother property.

• Municipal Clearance Certificates
• Transfer Of Subdivided Land
• Interpretation Of Statutes
• Rates And Taxes Liability
• Municipal-clearance-certificates
• Transfer-of-subdivided-land

Chambord Investments (Pty) Ltd and Others v City of Johannesburg abd Another; In re: Chambord Investments (Pty) Ltd and Others v City of Johannesburg (2014/39212)

Chambord Investments (Pty) Ltd and Others v City of Johannesburg abd Another; In re: Chambord Investments (Pty) Ltd and Others v City of Johannesburg (2014/39212) [2015] ZAGPJHC 124 (9 June 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2014/39212

Judge

R Hertenberger

The court found that the respondent failed to take timely action to recover the disputed amount paid under protest for municipal clearance figures, resulting in the claim prescribing. The payment was made with express reservation of rights, and the respondent's inaction led to the loss of its claim. The spreadsheet produced by the respondent quantified the claim, and the applicants accepted its content. The court determined that referral to oral evidence was unnecessary, as the documents were sufficient to resolve the dispute. The prescribed amount must be refunded to the applicants, less the…

Source excerpt

• Municipal Clearance Certificates
• Prescription Of Debt
• Payment Under Protest
• Refund Of Prescribed Amount

Steve Tshwete Local Municipality v Fedbond Participation Mortgage Bond Managers (Pty) Ltd and Another (409/12)

Steve Tshwete Local Municipality v Fedbond Participation Mortgage Bond Managers (Pty) Ltd and Another (409/12) [2013] ZASCA 15; 2013 (3) SA 611 (SCA) (20 March 2013)

Court

Supreme Court of Appeal

Case number

409/12

Judges

Malan, Shongwe, Van der Merwe, Saldulker, Mbha

The Supreme Court of Appeal held that the period for which municipal charges are payable to obtain a clearance certificate in liquidation is the two years preceding the date of application for the certificate, as stipulated in section 118(1) of the Local Government: Municipal Systems Act. The court reaffirmed its previous decision in Kaplan, finding no manifest oversight or palpable mistake that would justify departing from it. Section 89(4) of the Insolvency Act does not extend the embargo period in section 118(1); rather, it limits embargo provisions only where the debt is a tax as defined.…

Source excerpt

• Municipal Clearance Certificates
• Liquidation Procedure
• Preferent Charges
• Stare Decisis

Ixia Farming (Pty) Ltd v Dipaleseng Munisipaliteit (4342/2008)

Ixia Farming (Pty) Ltd v Dipaleseng Munisipaliteit (4342/2008) [2010] ZAGPPHC 22 (23 March 2010)

Court

North Gauteng High Court, Pretoria

Case number

4342/2008

Judge

Phatudi

The court dismissed an application to compel a municipality to issue clearance certificates, finding the certificates had already been issued before the case was launched.

• Municipal Clearance Certificates
• Section 118 Municipal Systems Act
• Authority To Represent Municipality
• Costs Award
• Municipal-clearance-certificates
• Section-118-municipal-systems-act

City of Johannesburg v Even Grand 6 CC (09/08)

City of Johannesburg v Even Grand 6 CC (09/08) [2008] ZASCA 146; 2009 (2) SA 111 (SCA) ; [2009] 2 All SA 24 (SCA) (27 November 2008)

Court

Supreme Court of Appeal

Case number

9/08

Judges

Streicher, Brand, Lewis, Maya, Boruchowitz

The Supreme Court of Appeal held that a municipality need not issue a clearance certificate unless municipal debts for the relevant period are fully paid.

• Municipal Clearance Certificates
• Administration Of Deceased Estates
• Interpretation Of Statutes
• Preferential Creditor Rights
• Municipal-clearance-certificates
• Administration-of-deceased-estates