South Africa Case Law

Matjhabeng Local Municipality v Van der Heever (4194/2022)

Matjhabeng Local Municipality v Van der Heever (4194/2022) [2025] ZAFSHC 218 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4194/2022

Judges

Opperman, Daffue

The court held that the settlement agreement did not constitute a rebate or reduction in property rates as contemplated by section 15 of the Municipal Property Rates Act, but was a lawful debt collection arrangement under the municipality's By-Law. The municipal manager was authorised to accept lesser payments in full and final settlement of arrears. The municipality's reliance on its Credit Control and Debt Collection Policy was procedurally irregular and unsupported by the record. The delay in bringing the review application was unreasonable and prejudicial to the respondent and other parti…

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• Municipal Debt Collection
• Settlement Agreement
• Authority Of Municipal Manager
• Rebate Vs Debt Management
• Unreasonable Delay In Review
• Pacta Sunt Servanda

Hlazi v Buffalo City Metropolitan Municipality and Another (EL2070/2023; 2065/2023)

Hlazi v Buffalo City Metropolitan Municipality and Another (EL2070/2023; 2065/2023) [2023] ZAECELLC 19; 2023 (6) SA 464 (ECEL) (25 July 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL2070/2023; 2065/2023

Judge

S A Collett

The court found that the Buffalo City Metropolitan Municipality's 80/20 debt collection policy, which restricts pre-paid electricity purchases by allocating the majority of payments to arrears, constitutes a debt collection mechanism that materially and adversely affects consumers' rights. The implementation of such a mechanism requires strict compliance with procedural fairness, including the provision of a 14-day written notice to affected consumers as mandated by the Credit Control Policy and the Municipal Systems Act. The municipality's failure to deliver such notice to the applicants bef…

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• Municipal Debt Collection
• Electricity Supply Restriction
• Procedural Fairness
• Credit Control Policy
• Notice Requirements

City of Johannesburg Metropolitan Municipality v Sheriff of the High Court Randburg South West and Others (42498/2016)

City of Johannesburg Metropolitan Municipality v Sheriff of the High Court Randburg South West and Others (42498/2016) [2019] ZAGPPHC 104 (19 March 2019)

Court

North Gauteng High Court, Pretoria

Case number

42498/2016

Judge

AC Basson

The High Court dismissed the City of Johannesburg’s application, finding the Sheriff complied with Rule 46 in a sale in execution and that the City’s declaratory issues were academic.

• Sale In Execution
• Municipal Debt Collection
• Preferent Creditors
• Uniform Rules Of Court
• Service Of Process
• Sale-in-execution

Makaula Zilwa Incorporated and Another v Bushbuckridge Local Municipality (A31/2012)

Makaula Zilwa Incorporated and Another v Bushbuckridge Local Municipality (A31/2012) [2017] ZAGPPHC 1067 (18 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A31/2012

Judge

Mngadi

The High Court upheld a debt-collection commission claim against Bushbuckridge Local Municipality, finding the plaintiffs proved performance and the municipality failed to substantiate its defences.

• Service Level Agreement
• Commission Claim
• Municipal Debt Collection
• Pleading Requirements
• Service-level-agreement
• Commission-claim

Afriform NPC and Others v Eskom Holdings SOC Limited and Others (99984/2015)

Afriform NPC and Others v Eskom Holdings SOC Limited and Others (99984/2015) [2017] ZAGPPHC 199; [2017] 3 All SA 663 (GP) (24 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

99984/2015

Judge

Murphy

The High Court held that challenges to Eskom’s planned municipal electricity interruptions were moot, dismissed the applications, and declined to require prior judicial approval.

• Electricity Regulation Act
• Municipal Debt Collection
• Judicial Oversight
• Administrative Action Review
• Notice Requirements
• Bill Of Rights Limitation

City of Cape Town v Real People Housing (Pty) Ltd (77/09)

City of Cape Town v Real People Housing (Pty) Ltd (77/09) [2009] ZASCA 159; [2010] 2 All SA 305 (SCA) ; 2010 (5) SA 196 (SCA) (30 November 2009)

Court

Supreme Court of Appeal

Case number

77/09

Judges

HARMS, NUGENT, MALAN, HURT, TSHIQI

The Supreme Court of Appeal held that s 118(1) of the Local Government Municipal Systems Act requires a municipality to issue a clearance certificate upon payment of all amounts due for municipal services, rates, and taxes incurred in the two years preceding the application for the certificate. The City's policy of allocating payments to the oldest debts and withholding certificates until all historical debts are paid contradicts the express language of the statute. The court emphasized that statutes interfering with established rights must be strictly construed and that implied terms cannot…

Source excerpt

• Municipal Debt Collection
• Clearance Certificates
• Statutory Interpretation
• Property Transfer