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The Impossible Triangle: Landlord v Tenant Municipal Charges
Tuesday, 19 November 2019
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
- Published in 2019, Municipal Law, Property Law
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Liability for ‘Historic’ Municipal Debt in Sectional Title Schemes
Friday, 15 November 2019
Introduction This article considers whether or not (and if so, to what extent) sectional title unit owners are liable to firstly the body corporate, and secondly the municipality, for municipal debt incurred by the body corporate prior to their becoming owners, and if so, in what proportions. The problem Imagine that you are an owner
- Published in 2019, Sectional Title Schemes
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
“TACKLING “URBAN DELINQUENCY”
Thursday, 26 September 2019
Introduction Urban delinquency is a term coined by our offices to describe the growing trend by occupants and owners of ignoring or openly violating municipal by-laws, health and safety laws, environmental laws, building laws and zoning laws in densely populated urban areas. This article explains how some of the more typical violations of these important
- Published in Property Law, 2019
Boreholes and Water Use Rights/Allocations
Friday, 23 August 2019
Introduction The recent water restrictions have brought into sharp focus how even “first world” cities like Johannesburg are battling to manage their water resources in a sustainable manner. Johannesburg Water SOC Ltd and the City of Johannesburg Metropolitan Municipality (“COJ”) are accordingly promoting the use of borehole water as an alternative to the conventional municipal
Does the Mandament Van Spolie Protect Commercial Tenants?
Tuesday, 13 August 2019
It was emphatically confirmed by the Supreme Court of Appeal in Eskom Holdings SOC Ltd v Masinda that the mandament van spolie (“the mandament”) does not have a “catch-all” function and that it cannot operate as a remedy to restore possession of electricity/water supply to a property in a contractual dispute where the right to
- Published in 2019, News, The mandament van spolie
The Removal of “Illegal” Electricity Meters/Connections
Thursday, 01 August 2019
Introduction This article deals with the law relating to the removal of “illegal” electricity meters and connections. By parity of reasoning it can be applied equally to “illegal” water meters and connections. Facts of Eskom Holdings SOC Ltd v Sidoyi and Others In this case Mr Sidoyi had applied for a pre-paid electricity meter
Impossible? The Contractual Defense of Impossibility of Performance
Friday, 05 July 2019
Introduction Is there an excuse for the non-performance of duties under a legally binding contract on the basis that ‘it simply couldn’t be done’? There might be when one considers that the essentialia of a valid contract are (or ought to be) based on the assumption that the contractual obligations undertaken are physically possible to
Fines/Penalties issued by Municipalities
Friday, 14 June 2019
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
- Published in 2019, Municipal Law, News
