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South Africa Case Law

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Administrative Law [2024] ZAGPJHC 334

Ackerman v City Of Johannesburg (2022/9392)

Ackerman v City Of Johannesburg (2022/9392) [2024] ZAGPJHC 334 (5 April 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2022/9392
Judge
M.R. Chetty

The applicant's persistent written queries and demands regarding specific charges on her municipal account, supported by detailed correspondence and a chronology of disputes, satisfy the requirements for a 'dispute' under section 102(2) of the Local Government: Municipal Systems Act. The City's failure to provide intelligible explanations or reconcile estimated charges with actual readings, coupled with its contradictory evidence, undermines its claim of accurate billing. The applicant is not a delinquent consumer, as she continues to pay amounts she reasonably believes are due. The City's re…

Source excerpt

  • Municipal Billing Dispute
  • Local Government Municipal Systems Act
  • Interdict Against Disconnection
  • Statement And Debatement
  • Prescription Of Charges
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Land And Property [2018] ZAGPJHC 668

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
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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.

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