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South Africa Case Law

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Administrative Law [2019] ZAKZDHC 24

Independent Schools Association of Southern Africa v Ethekwini Municipality and Others (6957/2010)

Independent Schools Association of Southern Africa v Ethekwini Municipality and Others (6957/2010) [2019] ZAKZDHC 24; 2020 (2) SA 235 (KZD) (28 June 2019)

Court
Kwazulu-Natal High Court, Durban
Case number
6957/2010
Judge
Lopes

The court held that Ethekwini Municipality is bound by the regulations promulgated under the Municipal Property Rates Act, which cap rates on public benefit organisations at 25% of the residential rate. The MPRA provides a statutory framework that municipalities must follow, and the categorisation of independent schools as 'business and commercial properties' was unlawful where the Act and regulations specifically provide for public benefit organisations. The consultation process for the 2010 regulations was found to be sufficient and fair, with SALGA and municipalities given opportunities to…

Source excerpt

  • Municipal Property Rates Act
  • Public Benefit Organisations
  • Local Government Autonomy
  • Consultation Requirements
  • Rate Ratio Regulation
  • Judicial Review Of Regulations
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Administrative Law [2014] ZASCA 90

Kalil N.O. and Others v Mangaung Metropolitan Municipality and Others (210/2014)

Kalil N.O. and Others v Mangaung Metropolitan Municipality and Others (210/2014) [2014] ZASCA 90; [2014] 3 All SA 291 (SCA); 2014 (5) SA 123 (SCA) (4 June 2014)

Court
Supreme Court of Appeal
Case number
210/2014
Judges
Mpati, Brand, Bosielo, Leach, Wallis

The Supreme Court of Appeal held that the Mangaung Metropolitan Municipality failed to ensure proper public participation in the budget process as required by statute. However, the regulations under the Municipal Property Rates Act do not prescribe a maximum ratio between rates on residential and business properties, nor do they prohibit levying higher rates on business properties. The historical and statutory context supports the practice of higher rates for commercial properties. The appellants' reliance on a contrary interpretation was misplaced. The appeal was dismissed except for the cos…

Source excerpt

  • Municipal Rates
  • Public Participation
  • Local Government Finance
  • Legality Principle
  • Rate Ratio Regulation
  • Constitutional Obligations
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Administrative Law [2011] ZAGPJHC 158

South African Property Owners Association v Council of the City of Johannesburg Metropolitan Municipality and Others (2010/06597)

South African Property Owners Association v Council of the City of Johannesburg Metropolitan Municipality and Others (2010/06597) [2011] ZAGPJHC 158; 2012 (3) SA 335 (GSJ) (24 May 2011)

Court
South Gauteng High Court, Johannesburg
Case number
2010/06597
Judge
D S S Moshidi

The court held that the City of Johannesburg complied with the legislative requirements and principles of legality in increasing the rate ratio for business properties. The process for public participation regarding the additional increase was found to be adequate, with sufficient publication and opportunity for submissions. The rate ratio imposed did not constitute impermissible differentiation or discrimination under the Municipal Property Rates Act or the Constitution, as the differentiation was rationally connected to the legitimate purpose of addressing a revenue shortfall. The applicant…

Source excerpt

  • Municipal Property Rates Act
  • Public Participation
  • Impermissible Differentiation
  • Rate Ratio Regulation
  • Local Government Powers
  • Legality Review
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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.