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Smit and Another v The Mbombela Local Municipality (73670/2015) [2016] ZAGPPHC 650 (29 July 2016)
The court held that a sectional-title body corporate, not the individual owner, was liable for refuse-removal charges under the applicable municipal by-law.
Body Corporate Croftdene Mall v Ethekwini Municipality (603/2010) [2011] ZASCA 188; [2012] 1 All SA 1 (SCA); 2012 (4) SA 169 (SCA) (10 October 2011)
The Supreme Court of Appeal held that section 102(1) of the Systems Act empowers a municipality to consolidate accounts and disconnect services for non-payment of rates, provided no dispute exists as contemplated by section 102(2). The appellant failed to raise a genuine dispute regarding a specific amount before enforcement measures were implemented; its communications merely sought a write-off and acknowledged liability. The appellant did not prove any portion of the debt attributable to previous entities, nor did it establish a breach of the in duplum rule. The municipality acted lawfully…
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Body Corporate Croftdene Mall v Ethekwini Municipality (16977/2009) [2010] ZAKZDHC 20; [2010] 4 All SA 513 (KZD) (1 May 2010)
The court dismissed an interdict against Ethekwini Municipality, holding that Section 102(2) did not bar consolidation because no relevant dispute existed in 2006.
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