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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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
Read more
No Comments

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,
Read more
No Comments

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,
Read more
No Comments

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
Read more
No Comments

Bushbuckridge Municipality’s 2019 General Valuation Roll

Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Bushbuckridge’s 2019 General Valuation Roll The Bushbuckridge Municipality’s (“the Municipality”) 2019 General Valuation Roll (“2019 GV”) is open for inspection.  It is open from 15 February 2019 to 19 April 2019.  It is available for inspection
Read more
No Comments

Cape Town Municipality’s 2018 General Valuation Roll

By Chantelle Gladwin-Wood, Partner and Lauren Squier, Candidate Attorney Introduction Property valuation rolls are quite complicated.  Below is a brief explanation of how valuations and valuation rolls work. Cape Town’s 2018 General Valuation Roll Cape Town Municipality’s (“the Municipality”) 2018 General Valuation Roll (“2019 GV”) is open for inspection.  It is open from 21 February
Read more
No Comments