Why does City of Johannesburg bill Residential Sectional Title Properties Business rates?

Article written by Chantelle Gladwin-Wood and Maike Gohl, both Partners at Schindlers Attorneys. 28 February 2022 INTRODUCTION Owners of sectional title units should be billed by their respective municipality for rates based on the rating category applicable to such units as set out in the municipality’s prevailing rates policy. In the City of Johannesburg Metropolitan
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SMS v City of Johannesburg Metropolitan Municipality (9165//2017) [2022] ZAGPJHC 55 (11 February 2022)

Article written by Avayakta Sing, Candidate Attorney, checked and released by Jordan Dias, Associate at Schindlers Attorneys. BACKGROUND In her capacity as the mother and natural guardian of the minor child (herein after referred to as “B”), the Plaintiff instituted action against the Defendant (City of Johannesburg Metropolitan Municipality). According to the Plaintiff, B was
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Know Your Rights: Illegal Electricity/Water Disconnections by Municipalities.

Article by Chantelle Gladwin-Wood and Maike Gohl, Partners at Schindlers Attorneys This article examines the legal issue of when a disconnection of electricity or water by a municipality will be lawful. Dispelling the Myth Many people think that a municipality is not entitled to disconnect one service if that service is fully paid up (but
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MUNICIPALITIES AND “SNAIL MAIL”

INTRODUCTION This article considers the legal obligation of municipalities when it comes to sending notices, letters of demand and court documents via e-mail, “snail mail” (ordinary post) and “certified” or “registered” mail. This is important to consumers of municipalities because if the municipality in question fails to serve properly in accordance with law, the demand
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The Impossible Triangle: Landlord v Tenant Municipal Charges

Introduction This article deals with liability for incorrectly billed municipal charges where a tenant does not have its own municipal account, and the charges for services consumed by the tenant at the rental property are billed to the landlord, who then passes them on to the tenant.The Impossible Triangle Let’s consider an example where the
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City of Joburg’s Silly Sewer Tariffs

INTRODUCTION This article explains why some customers of the City of Johannesburg Metropolitan Municipality (“COJ”) refer to the COJ’s mixed use sewer tariffs as being “silly”.  Others refer to them as discriminatory, and others still as unfair.  WHAT US “MIXED USE” WHEN IT COMES TO SEWERS? Mixed use or multipurpose is a term used to
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Fines/Penalties issued by Municipalities

Introduction This article examines the kinds of fines and penalties that a municipality can lawfully charge a consumer, and in which circumstances it can lawfully do so. What are Fines and Penalties? A fine is a “sum of money paid as punishment for breaking the law”.It is trite law now that a fine is a
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Monde v Viljoens NO & others (1162/17) [2018] ZASCA 138 (28 September 2018)

SUMMARY In Snyders & others v De Jager & others 2017 (3) SA 545 (CC), the Constitutional Court held that an eviction order granted under the provisions of the Extension of Security of Tenure Act 62 of 1997 (“ESTA”), and confirmed on automatic review, should be appealed to the Supreme Court of Appeal (“SCA”). Accordingly,
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Comments on COJ’s 2019 Rates and Credit Control Policy Review

By Musa Mathebula, Associate, and Chantelle Gladwin-Wood, Partner Introduction The comments that follow are made by the Municipal Law Department of Schindlers Attorneys in response to the COJ’s invitation for public comment on their rates and credit control policies during February 2019. Prerogative of Valuer to decide Rates Category Section 48, read with section 34,
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Bitou Municipality’s Supplementary 2 Roll (to the 2017 General Valuation Roll)

By Chantelle Gladwin-Wood, Partner Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bitou’s 2017 General Valuation Roll The Bitou Municipality (“Bitou”) 2017 General Valuation Roll (“2017 GV”) was released for public inspection and comment from 21 February 2017 to 24 March 2017.  This is
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