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South Africa Case Law

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Administrative Law [2022] ZAGPJHC 339

San Ridge Rental Property (PTY) LTD v The Municipal Manager: City of Johannesburg Metropolitan Municipality (11550/20)

San Ridge Rental Property (PTY) LTD v The Municipal Manager: City of Johannesburg Metropolitan Municipality (11550/20) [2022] ZAGPJHC 339 (18 May 2022)

Court
South Gauteng High Court, Johannesburg
Case number
11550/20
Judge
RĂ©an Strydom

The court found that the applicant's dwellings were excluded from the 'multiple dwelling' category under the tariff policy due to the specific exclusion for 'block of flats', which, interpreted in light of the Interpretation Act, includes the plural. The respondents failed to provide evidence or reasons for the classification decision, and the review was properly directed at the administrative act rather than legislative authority. The court held that, although only two relevant categories were defined ('multi-dwelling' and 'flat'), the exclusion for 'block of flats' applied to the applicant'…

Source excerpt

  • Tariff Policy Interpretation
  • Review Of Administrative Action
  • Municipal Services Charges
  • Substitution Order
  • Interpretation Act
  • Costs Order
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Land And Property [2016] ZAGPPHC 548

Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg (A5052/2015)

Euphorbia (Pty) Ltd t/a Gallagher Estates v City of Johannesburg (A5052/2015) [2016] ZAGPPHC 548 (17 June 2016)

Court
North Gauteng High Court, Pretoria
Case number
A5052/2015
Judge
FHD Van Oosten

The municipality failed to discharge the onus of proving the accuracy of the contentious water meter, as the prescribed test for the meter was not conducted. The agreements under which the appellant paid the disputed amounts expressly reserved its rights and did not constitute admissions of liability. The appellant was entitled to a refund of overpayments, calculated based on reasonable estimates of actual water consumption, as the respondent did not challenge the methodology or figures presented. The appeal was upheld, and the respondent was ordered to pay the appellant the sum of R8,124,950…

Source excerpt

  • Municipal Services Charges
  • Water Meter Accuracy
  • Onus Of Proof
  • Payment Under Protest
  • Refund Of Overpayment
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.