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South Africa Case Law

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Land And Property [2024] ZAGPJHC 1057

Afhco Calgo M3 Consortium (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2022/322)

Afhco Calgo M3 Consortium (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Others (2022/322) [2024] ZAGPJHC 1057 (18 October 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2022/322
Judge
G AMM

The respondents unilaterally changed the applicant's water and sewerage tariff from residential to commercial in May 2018 without any application or lawful basis, contrary to their own assertions that such a change requires due process and a formal application. The respondents failed to provide any admissible evidence or explanation for the change, and their opposition was found to be unfounded, obstructive, and in disregard of prior judicial warnings. The interlocutory application to file a further affidavit was dismissed as lacking bona fides, materiality, and admissibility. The applicant i…

Source excerpt

  • Municipal Tariffs
  • Rectification Of Account
  • Ultra Vires Action
  • Motion Proceedings Affidavits
  • Punitive Costs
  • Interdictory Relief
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Administrative Law [2023] ZAGPJHC 1178

K2012190864 (Pty) Limited v City of Johannesburg Metropolitan Municipality (8538/2022)

K2012190864 (Pty) Limited v City of Johannesburg Metropolitan Municipality (8538/2022) [2023] ZAGPJHC 1178 (26 September 2023)

Court
South Gauteng High Court, Johannesburg
Case number
8538/2022
Judge
P V Ternent

The court found that the applicant was the true customer for the disputed municipal account, notwithstanding misdescription in the respondent's records. The respondent's billing practices were found to be inaccurate, with arbitrary termination of instalment plans, excessive charges, and failure to properly account for payments and faulty meter readings. The respondent's denials were unsubstantiated and did not raise genuine disputes of fact. The applicant established its entitlement to rectification of the account, reinstatement of the 2017 instalment plan, proper reflection of actual meter r…

Source excerpt

  • Municipal Billing Dispute
  • Statement And Debatement
  • Rectification Of Account
  • Local Government Credit Control
  • Meter Reading Estimation
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Administrative Law [2023] ZAGPJHC 733

Afhco Holdings (Pty) Limited v City Of Johannesburg Metropolitan and Others (2021/58758)

Afhco Holdings (Pty) Limited v City Of Johannesburg Metropolitan and Others (2021/58758) [2023] ZAGPJHC 733 (26 June 2023)

Court
South Gauteng High Court, Johannesburg
Case number
2021/58758
Judge
M Van Nieuwenhuizen

The Court found that the first, second and third respondents were in wilful, deliberate and mala fide contempt of the Court order issued by Vorster AJ on 14 June 2022, which required rectification of the applicant's municipal account. Despite being afforded multiple opportunities and final indulgence, the respondents failed to provide an accurate and rectified municipal statement as ordered. The respondents' purported steps, including approval of journals and submission of a 'Billing Account Adjustment', did not constitute compliance with the specific requirements of the order. The Court reje…

Source excerpt

  • Municipal Billing Dispute
  • Contempt Of Court
  • Joinder Of Parties
  • Rectification Of Account
  • Costs Order
  • Local Government Responsibility
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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.