South Africa Case Law

Robarts Flagship Trust v Drakenstein Municipality (A08/2024)

Robarts Flagship Trust v Drakenstein Municipality (A08/2024) [2024] ZAWCHC 140 (27 May 2024)

Court

Western Cape High Court, Cape Town

Case number

A08/2024

Judges

Salie, Kusevitsky

The court held that, as the registered owner, the appellant is ultimately liable for municipal charges arising from the prepaid electricity meter installed at the property, even if the installation was done at the behest of a tenant without the owner's knowledge or consent. The statutory and constitutional framework places the responsibility for service charges on the owner, who bears the risk associated with the property. However, the municipality's claim for charges accrued over a nine-year period is subject to the Prescription Act, which limits recoverable debt for electricity charges to t…

Source excerpt

• Municipal Service Charges
• Prescription Of Debt
• Electricity Supply By Law
• Owner Liability
• Credit Control Policy

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022)

68 Wolmarans Street Johannesburg (Pty) Ltd and Others v Tufh Limited (1263/2022) [2024] ZASCA 48 (15 April 2024)

Court

Supreme Court of Appeal

Case number

1263/2022

Judges

Gorven, Weiner, Kgoele, Baartman, Seegobin

The SCA refused special leave to appeal, holding that enforcement of a loan acceleration clause for non-payment of municipal charges was not contrary to public policy.

• Loan Agreement Enforcement
• Acceleration Clause
• Municipal Service Charges
• Mortgage Bond Foreclosure
• Public Policy Contracts
• Loan-agreement-enforcement

Petersen NO and Others v Xoulios Take Aways CC and Another (10433/2019)

Petersen NO and Others v Xoulios Take Aways CC and Another (10433/2019) [2019] ZAGPJHC 207 (27 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

10433/2019

Judge

Goodman

Summary judgment was granted for arrears under a lease, but the second defendant was given leave to defend the suretyship claim.

• Summary Judgment
• Lease Agreement
• Suretyship
• Liquidated Claim
• Municipal Service Charges
• Summary-judgment