Blue Crane Route Municipality v South African National Parks Board (953/2021)
Blue Crane Route Municipality v South African National Parks Board (953/2021) [2022] ZAECMKHC 24 (31 May 2022)
The court found that the defendant's explanation for failing to enter an appearance to defend was poor and almost non-existent, but the defendant presented a reasonably good defence based on section 17(1)(e) of the Municipal Property Rates Act. The plaintiff levied rates on the entire property, whereas the Act only permits rates on parts used for commercial, business, agricultural or residential purposes. The defendant's interpretation of the statute was reasonable and, if correct, would entitle the plaintiff to a much lesser amount than claimed. Balancing the poor explanation for default aga…
Source excerpt
- Municipal Property Rates Act
- Default Judgment Rescission
- Rateable Property Definition
- Section 17 Exclusion
- Good Cause Requirement