MUDDYING THE WATERS:COJ’S CONFUSING “ZONING DRIVEN RATING POLICY”
Monday, 13 January 2020
INTRODUCTION HOW PROPERTY RATES ARE CHARGED In terms of the Act a consumer’s liability for property rates is determined by two factors, the first of which is the municipal property valuation and the second of which is the rating categorization that the property is put into by the municipality. The rating categorization must be one
- Published in City Of Johannesburg
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City of Joburg’s Silly Sewer Tariffs
Wednesday, 06 November 2019
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
- Published in 2019, Municipal Law
Tshabalala and Others v Tshabalala and Others (38827/2016) [2019] ZAGPJHC 192 (28 June 2019)
Tuesday, 16 July 2019
SUMMARY In or about 1980, Richard Tshabalala passed away intestate and was survived by his seven children and his wife, Paulina Tshabalala. During his lifetime, he was issued with a regulation 8 certificate of occupation for the property he then resided on, by the West Rand Administration Board. (“the Board”) The certificate contained the names
- Published in 2019, Deceased Estates, News
Ngomane and Others v City of Johannesburg Metropolitan Municipality and Another (6778/2017) [2017] ZAGPJHC 122; [2017] 3 All SA 276 (GJ) (30 March 2017)
Thursday, 25 April 2019
SUMMARY The applicants are a group of homeless people who made a home for themselves on a traffic island under R31 highway bridge on End Street, between Durban and Meikle Streets, in the business district of the City of Johannesburg Metropolitan Municipality (“JMPD”). According to the applicants, they lived under the bridge for a
Self-help Evictions
Thursday, 25 October 2018
By Maike Gohl, Senior Associate and Anja van Wijk, Senior Associate Introduction This article discusses the possible repercussions of landlords that undertake “self-help” evictions when it comes to removing occupants from their properties. Self-help evictions are attempts at removing anybody from a property without the necessary court order, and are also called unlawful evictions.
- Published in News, 2018, Property Law
Expropriation #1: Amendments to Section 25?
Tuesday, 18 September 2018
By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate Introduction The threat of the apparent introduction of expropriation without compensation (“EWC”) into South African law is causing a lot of anxiety among many South Africans, particularly property owners. There are many controversial questions doing the rounds, some of which are (purposely) being sensationalized by the
- Published in News, 2018, Property Law
Levy Clearance Certificates
Wednesday, 08 August 2018
Written by: Chantelle Gladwin-Wood, Partner and Dr Jan Harm Swanepoel, Candidate Attorney Introduction This article examines the law in relation to Levy Clearance Certificates, which must ordinarily be obtained before transfer can be passed of a unit in a Sectional Title Scheme. What is a Levy Clearance Certificate? This is a document which
- Published in News, 2018, Municipal Law, Property Law
Mandela v Executors Estate Late Nelson Rolihlahla Mandela and Others (131/17) [2018] ZASCA 2 (19 January 2018)
Thursday, 10 May 2018
BACKGROUND On 5 December 2013, Mr Nelson Rolihlahla Mandela (“Mr Mandela”) passed on and left behind a Last Will and Testament (the “Will”) in which he bequeathed his property to his Family Trust. This property was donated to Mr Mandela by the Minister of Land Affairs (the “Third Respondent”) during the time when a final
- Published in 2018, Estates and Trusts, News, Property Law
Sectional Title Properties – does zoning or use determine the rating classification?
Monday, 23 April 2018
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
- Published in News, 2018, Municipal Law, Property Law
The Impact of Mitchell and Mathabathe on S 118
Friday, 23 February 2018
By Chantelle Gladwin, Partner and David Hepburn, Partner Introduction The press has been abuzz with articles and opinions lauding the judgment in the Perregrine Joseph Mitchell v City of Tshwane Metropolitan Municipal Authority Case No: 50816/14, North Gauteng High Court, Pretoria (8 September 2014) (“the Mitchell case”) and its effect on the law relating to
- Published in News, 2018, Property Law
