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An owner’s property rights where the property is more than 60 years old

This article discusses the court’s finding in the case of Gees v Provincial Minister of Cultural Affairs and Sport, Western Cape and Others (974/2015) [2016] ZASCA 136; 2017 (1) SA 1 (SCA) (29 September 2016), in which it was held that the onerous conditions imposed by a heritage authority for the re-development of the property
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Judge, Jury and Executioner? Municipalities submitting rezoning applications to themselves!

This article considers the legal question of whether a municipality can submit an application for the rezoning of land that it owns to itself, consider that application in the first instance itself, and thereafter consider an appeal in respect of that application itself. These are essentially the facts of the case currently before the Johannesburg
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What to do with a Tenant’s leftovers?

This article examines the practical solutions available to a landlord in the situation where a tenant vacates a property and leaves personal items behind. Vacation/Absconding and Abandonment Until such time as a tenant vacates the property voluntarily or the sheriff removes the tenant from the property in terms of an eviction order, the landlord is
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How do Section 78(5) Re-Valuations Work?

Before section 78 of the Local Government:  Municipal Property Rates Act (“MPRA”) was amended (on 1 July 2015), if a municipality wanted to re-value or re-categorise a property for rating purposes at any time other than on a general valuation roll (which only happens once every 4 to 5 years) it was legally obliged to
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How do Property Valuation Rolls work?

Every property is supposed to have a municipal valuation.  You should see a value, represented in Rands, somewhere on your municipal statement.  This is the property valuation that the municipality has ascribed to your property.  If you do not receive statements, you will have to phone the municipality and quote your account number and name,
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How to get the most out of Charitable Donations

This article explains the different types of legal entities that charitable donations can be made to and the tax consequences of those donations. The aim of this article is to educate donors in order that they can organize their tax affairs in the most tax efficient manner possible within the parameters of our law. What
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Muncipalities and Internal Remedies

This article discusses what type of “internal remedies” might apply in relation to a consumer’s dispute with the municipality about municipal debt, and how and when these internal remedies need to be exercised before approaching a court for assistance in resolving the dispute.   What are Internal Remedies? In most municipal jurisdictions, the municipality has
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Is it Illegal for a Municipality to Disconnect Water?

The South African Constitution guarantees a right of access to water (but not a right to water itself). What this means is that the South African Government (through its municipalities) is obliged to provide access of water to everyone in South Africa, where it has the financial and infrastructural capacity to do so. The Constitutional
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Expropriation Without Compensation?

This article explains what expropriation is in terms of South African Law, with reference to the current political environment and a focus on the present dispensation’s renewed vigour to speed up and enhance land redistribution and amend the Constitution to permit expropriation without compensation.   What is Land Reform? Broadly speaking, land reform is the
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NERSA’s Reseller’s Guidelines

This article considers the legal implications for various parties of NERSA’s recently published Reseller’s Tariff, with specific reference to the impact on property owners and managers within the jurisdiction of the City of Johannesburg Metropolitan Municipality (“COJ”). The authors only consider certain aspects of the Reseller’s Guidelines; a full exposition of same is beyond the
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