South Africa Case Law

National Spiritual Assembly of the Bahai's of South Africa v Valuation Appeal Board and Others (2022/028526)

National Spiritual Assembly of the Bahai's of South Africa v Valuation Appeal Board and Others (2022/028526) [2024] ZAGPPHC 1334 (17 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2022/028526

Judge

Lenyai

The court found that the applicant challenged the wrong decision. The change in property category from 'religious' to 'agricultural residential' was made by the Municipal Valuer following an objection under section 53(1) of the Rates Act, not by the Valuation Appeal Board (VAB) during its compulsory review under section 52. Section 52 only authorizes the VAB to review changes in property value exceeding 10%, not to alter property categories. The applicant's reliance on correspondence from municipal officials was misplaced, as such letters did not constitute formal decisions of the VAB. The co…

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• Municipal Property Rates Act
• Review Of Administrative Action
• Property Valuation
• Categorization Of Property
• Condonation For Late Review

Blue Moonlight Properties 39 (Pty) Ltd v Valuation Appeals Board for City of Johannesburg 2013 General Valuation Roll & Another (37752/2021)

Blue Moonlight Properties 39 (Pty) Ltd v Valuation Appeals Board for City of Johannesburg 2013 General Valuation Roll & Another (37752/2021) [2024] ZAGPJHC 486 (10 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

37752/2021

Judge

ML Senyatsi

The High Court dismissed a review of a municipal property valuation dispute, holding that internal remedies were not exhausted and no reviewable decision existed.

• Municipal Property Rates Act
• Property Valuation
• Prescription Of Debt
• Review Of Administrative Action
• Internal Remedies Exhaustion
• Substitution Of Decision

SB Guarantee Company (Pty) Ltd v De Sousa (2023/035447)

SB Guarantee Company (Pty) Ltd v De Sousa (2023/035447) [2024] ZAGPJHC 459; 2024 (6) SA 625 (GJ) (6 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/035447

Judge

Fisher

The court found that the affidavits supporting the valuations in all three foreclosure applications failed to comply with the statutory requirements for the administration of oaths. The signatures of the valuers were appended electronically and not in the physical presence of the commissioner of oaths, contrary to regulation 3(1) under the Justices of the Peace and Commissioners of Oaths Act. Furthermore, the factual basis for the valuations was compiled by unqualified property inspectors who did not confirm their inspections under oath, and there was no evidence of direct contact between the…

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• Rule 46a Applications
• Foreclosure Procedure
• Electronic Signature Of Affidavits
• Property Valuation
• Commissioner Of Oaths Requirements

Supaluck Investments (Pty) Ltd v Valuations Appeals Board: City Of Johannesburg and Another (34752/2019)

Supaluck Investments (Pty) Ltd v Valuations Appeals Board: City Of Johannesburg and Another (34752/2019) [2023] ZAGPJHC 166; [2023] 2 All SA 546 (GJ) (28 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

34752/2019

Judge

Flatela

High Court dismissed a late PAJA review of a municipal property valuation, finding the three-year delay unjustified and the requested relief moot.

• Promotion Of Administrative Justice Act
• Municipal Property Rates Act
• Delay In Review
• Condonation
• Property Valuation
• Procedural Fairness

Living Waters (Pty) Ltd v Tharisa Minerals (Pty) Ltd (4004/2020)

Living Waters (Pty) Ltd v Tharisa Minerals (Pty) Ltd (4004/2020) [2020] ZAGPPHC 604 (7 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

4004/2020

Judge

E van der Schyff

The court declared that the parties’ agreement required valuation of the erven without applying the discounted cash flow model.

• Contract Interpretation
• Property Valuation
• Discounted Cash Flow Exclusion
• Sales Comparison Approach
• Contract-interpretation
• Property-valuation

H.R.J Properties (Pty) Ltd v Mohammed and Another (17547/17)

H.R.J Properties (Pty) Ltd v Mohammed and Another (17547/17) [2019] ZAWCHC 185 (25 February 2019)

Court

Western Cape High Court, Cape Town

Case number

17547/17

Judge

Vos, AJ

The court found that the servitude right of way, as described in the title deeds, is not limited to pedestrian access but includes vehicular access. The proposed wall would materially diminish the applicant's rights by obstructing vehicular access to a significant portion of the servitude area, which is unlawful. The City of Cape Town's approval of the building plans was set aside because the building control officer failed to be positively satisfied that none of the disqualifying factors under section 7(1) of the Building Act were present, particularly the derogation of property value. The e…

Source excerpt

• Servitude Right Of Way
• Building Plan Approval
• Unlawful Diminution Of Rights
• Promotion Of Administrative Justice Act
• Error Of Law
• Property Valuation

L.M v F.M (10502/2016)

L.M v F.M (10502/2016) [2016] ZAWCHC 203 (15 December 2016)

Court

Western Cape High Court, Cape Town

Case number

10502/2016

Judge

Canca, AJ

Court terminated joint ownership of a shared property, allowed sale or buy-out at market value, and refused an anti-dissipation trust order.

• Actio Communi Dividundo
• Joint Ownership Termination
• Anti Dissipation Interdict
• Costs Order
• Motion Vs Action Procedure
• Property Valuation

Allen v Scheibert (14136/2010)

Allen v Scheibert (14136/2010) [2015] ZAWCHC 36 (20 March 2015)

Court

Western Cape High Court, Cape Town

Case number

14136/2010

Judge

A P Blignault

High Court damages claim arising from a sale warranty breach over unapproved property alterations and a second kitchen in a flatlet.

• Breach Of Warranty
• Damages Assessment
• Expectation Interest
• Mitigation Of Loss
• Property Valuation
• Breach-of-warranty

Allen v Scheibert (14136/2010)

Allen v Scheibert (14136/2010) [2015] ZAWCHC 37 (20 March 2015)

Court

Western Cape High Court, Cape Town

Case number

14136/2010

Judge

A P Blignault

Sale-of-property warranty case: the court held the seller liable for damages after an unapproved flatlet kitchen prevented lawful use as a separate unit.

• Breach Of Warranty
• Assessment Of Contractual Damages
• Expectation Interest
• Mitigation Of Loss
• Property Valuation
• Specific Performance Surrogate

Gerber and Others v Member of the Executive Council of the Gauteng Provincial Government, Development Planning & Local Government and Another (303/01)

Gerber and Others v Member of the Executive Council of the Gauteng Provincial Government, Development Planning & Local Government and Another (303/01) [2002] ZASCA 128; [2002] 4 All SA 518 (SCA); 2003 (2) SA 344 (SCA) (26 September 2002)

Court

Supreme Court of Appeal

Case number

303/01

Judges

Hefer, Olivier, Farlam, Cameron, Navsa

The Supreme Court of Appeal held that the Eastern Gauteng Services Council and the MEC acted outside their legal powers in imposing flat land rates without reference to property size or value. The Council's calculation method, dividing operating expenses by the number of properties, was irrational and unfair, resulting in discriminatory treatment of landowners. The statutory and constitutional framework required rates to be determined by valuation or measurement, and the Council failed to comply with these requirements. The necessary statutory procedures, including proper publication and appr…

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• Legality Of Local Authority Rates
• Property Valuation
• Constitutional Principle Of Legality
• Discriminatory Taxation
• Local Government Powers
• Statutory Compliance