South Africa Case Law

Kwadukuza Municipality v Consolidated Aone Trade and Invest 6 (Pty) Ltd [in Liquidation] and Others (1273/2023)

Kwadukuza Municipality v Consolidated Aone Trade and Invest 6 (Pty) Ltd [in Liquidation] and Others (1273/2023) [2025] ZASCA 86 (11 June 2025)

Court

Supreme Court of Appeal

Case number

1273/2023

Judges

Mbatha, Hughes, Baartman, Vally, Molitsoane

The SCA held that a municipality may not demand historical municipal debts beyond section 118(1)’s two-year period as a condition for a rates clearance certificate.

• Municipal Rates Clearance
• Payment Under Protest
• Prescription Act
• Refund Of Overpayment
• Liquidation Proceedings
• Municipal-rates-clearance

Johannesburg School of Flying (Pty) Ltd v Rand Airport Holdings (Pty) Ltd (2025/020033)

Johannesburg School of Flying (Pty) Ltd v Rand Airport Holdings (Pty) Ltd (2025/020033) [2025] ZAGPJHC 164 (28 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/020033

Judge

S D J Wilson

Urgent interdict granted to stop Rand Airport from grounding a flying school’s aircraft, but the school must pay increased landing fees under protest pending trial.

• Interim Interdict
• Contractual Dispute
• Payment Under Protest
• Landing Fees
• Urgency
• Costs Order

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

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

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