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South Africa Case Law

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Administrative Law [2005] ZASCA 111

Rates Action Group v City of Cape Town (16/2005)

Rates Action Group v City of Cape Town (16/2005) [2005] ZASCA 111; [2007] 1 All SA 233 (SCA); 2006 (1) SA 496 (SCA); 68 SATC 1 (25 November 2005)

The Supreme Court of Appeal held that the Local Government: Municipal Systems Act 32 of 2000 does not preclude the levying of a rate as a charge for municipal services such as sewerage and refuse removal. The Act requires a tariff policy and by-laws for the levying of fees for municipal services, but does not prohibit the use of property value as a basis for such charges. The relevant provisions of the Local Government Transition Act 209 of 1993 were not impliedly repealed by the Systems Act and continued to operate until expressly repealed by subsequent legislation. The appellant's argument…

  • Municipal Rates
  • Tariff Policy
  • Local Government Finance
  • Service Charges
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Administrative Law [2003] ZAFSHC 34

Beck and Others v Kopanong Plaaslike Munisipaliteit and Others (3772/2002)

Beck and Others v Kopanong Plaaslike Munisipaliteit and Others (3772/2002) [2003] ZAFSHC 34 (20 March 2003)

The court held that the Municipal Systems Act No. 32/2000 empowers municipalities to terminate or restrict any municipal service, including electricity, when payments for any municipal service are in arrears. The applicants' argument that electricity purchased for cash should not be blocked due to unrelated debts was rejected. The court found that municipal service accounts are composite and indivisible, and selective payment undermines equitable treatment and sustainable service provision. The municipality's credit control policy, adopted by resolution and implemented in accordance with stat…

  • Municipal Services
  • Credit Control Policy
  • Termination Of Services
  • Constitutional Rights
  • Debt Collection
  • Tariff Policy
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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.