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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What Counts as a “Dispute” with a Municipality?

Introduction This is part 1 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”). Although one might question why it is necessary to write an article explaining what appears to be such a simple concept, we regularly receive reports of customers not being able to take
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Business Rates for Residential Properties

By Chantelle Gladwin-Wood, Partner and Maike Gohl, Senior Associate   Introduction This article examines the instances in which the City of Johannesburg Metropolitan Municipality (“COJ”) charges residential property owners business rates, the legality thereof, and what a consumer faced with such a problem can do about it.   Legal Basis for Levying Rates The relevant
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Deeds Office v Municipalities: The 60 Day Rule and Rates Clearances

Introduction This article examines the legal and practical effect of Chief Registrar’s Resolutions 2 and 4 of 2018, which prescribe that a rates clearance certificate (“RCC”) is only valid for the purposes of facilitating the transfer of the property in the Deeds Office for a period of 60 days from the date of issue thereof,
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Municipal Mysteries: When “actuals” aren’t “actuals”

Introduction This article canvases what a consumer can do to protect himself[1] when a municipality is charging him according to “actual” readings for electricity or water consumption, but where the readings used by the municipality are clearly not ‘actuals’ and thus cannot be true and proper readings.   Actuals versus Estimates                                                                                                                                                            There are two types
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Can a government decision maker “change its mind”?

Introduction This article considers the legalities around a governmental decision maker’s conduct in taking a decision and thereafter revoking or amending that decision – i.e. where the decision maker “changes its mind”. Decisions that affect the public In this article we are only referring to decisions of a governmental decision maker that have external legal
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Sectional Title Properties – does zoning or use determine the rating classification?

By Chantelle Gladwin, Partner and Ramon Pereira, Associate Introduction The law provides in the Local Government:  Municipal Property Rates Act 6 of 2004 that a municipality must determine its own rating policy, and that it may have reference to either zoning or use when classifying a property for rating purposes.  There are times when the
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