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South Africa Case Law

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Administrative Law [2022] ZAGPJHC 587

Malherbe v City of Johannesburg Metropolitan Municipality (16143/2021)

Malherbe v City of Johannesburg Metropolitan Municipality (16143/2021) [2022] ZAGPJHC 587 (22 August 2022)

The court found that the respondent complied with section 53(1) of the Local Government: Municipal Property Rates Act by notifying the applicant's authorised representative, Mr Malherbe, at the address and email provided in the objection forms. The power of attorney authorised Mr Malherbe to act on the applicant's behalf, including receiving notifications. The Act does not prescribe personal service on the applicant, and notification to the authorised representative is sufficient. Even if strict compliance was lacking, substantial compliance was achieved when the applicant's attorney received…

  • Municipal Property Rates Act
  • Valuation Rolls
  • Notification Of Outcome
  • Compulsory Review
  • Service Of Documents
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Administrative Law [2011] ZAECMHC 17

Macici v South African Social Security Agency (2234/09)

Macici v South African Social Security Agency (2234/09) [2011] ZAECMHC 17 (13 October 2011)

The court found that the respondent complied with the notification requirements under regulation 13 by providing the appellant with written notice (annexure MM1) of the approval and duration of his temporary disability grant, which the appellant acknowledged by thumbprint. The grant was temporary and lapsed by operation of law after 12 months, not by administrative action. The appellant failed to exhaust internal remedies by not appealing to the Minister as required by section 18 of the Social Assistance Act. The application for reinstatement and arrears was therefore premature and without me…

  • Social Assistance Act
  • Notification Of Outcome
  • Exhaustion Of Internal Remedies
  • Punitive Costs
  • Temporary Disability Grant
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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.