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South Africa Case Law

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Land And Property [2023] ZAGPJHC 1263

Douglas and Another v City Of Johannesburg and Others (2021/36955)

Douglas and Another v City Of Johannesburg and Others (2021/36955) [2023] ZAGPJHC 1263 (6 November 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2021/36955
Judge
Strydom

The court held that the applicants' claims for reversal and refund of municipal charges and rates were fundamentally based on alleged errors in the 2013 General Valuation Roll. The applicants failed to exhaust internal remedies provided by the Municipal Property Rates Act to challenge the categorisation and valuation of their properties, rendering their claims incompetent. Most claims were also found to be prescribed under the Prescription Act, as they arose more than three years before the application was instituted. The only claim partially proven was for electricity overcharges on account…

Source excerpt

  • Municipal Rates And Charges
  • Condictio Indebiti
  • Prescription Act
  • Valuation Rolls
  • Internal Remedies
  • Penalty Tariffs
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Land And Property [2021] ZASCA 97

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020)

City of Johannesburg Metropolitan Municipality v Zibi and Another (234/2020) [2021] ZASCA 97; [2021] 3 All SA 667 (SCA); 2021 (6) SA 100 (SCA) (9 July 2021)

Court
Supreme Court of Appeal
Case number
234/2020
Judges
Saldulker, Mbha, Schippers, Carelse, Poyo-Dlwati

The majority held that the municipality was entitled to impose a penalty tariff for illegal or unauthorised use of property in terms of its validly adopted property rates policy, without first re-categorising the property on the valuation roll. The penalty tariff is directed at unlawful conduct and is necessary and incidental to the effective performance of municipal functions. The relevant policy provisions and enabling legislation support the municipality's power to levy such penalties, and the respondents' conduct constituted clear jurisdictional facts for the application of the penalty ta…

Source excerpt

  • Municipal Property Rates Act
  • Differential Rates
  • Illegal Land Use
  • Penalty Tariffs
  • Local Government Powers
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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.