MAIKE GOHL
Senior Associate

LLB (UP)

PRACTICE AREAS
Municipal Law
Commercial Law
Pro Bono
Property Law

+27 (0) 11 448 9679
[email protected]

WHEN ARE ENGINEERING CONTRIBUTIONS DUE AND PAYABLE?

INTRODUCTIONThis article examines more closely the thorny issue of when engineering contribution figures demanded by the municipality become due and payable. COMMON MUNICIPAL PRACTICE In most (but not all) municipalities it is common practice to require payment of any engineering contribution figures levied (but not paid) at the time when rates clearance figures are applied
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Liability for ‘Historic’ Municipal Debt in Sectional Title Schemes

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
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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
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“TACKLING “URBAN DELINQUENCY”

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
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The Kensington Residents and Ratespayers Association case: Neighbour Disputes, Illegal Buildings and Illegal Use

Introduction Judgment in the matter of Kensington Residents and Ratespayers Association NPC v Unoda John NO and others  was handed down on 21 May 2019 in the Gauteng Local Division of the High Court by Judge Carelse.  This matter was handled by Chantelle Gladwin-Wood (Partner) and Maike Gohl (Senior Associate) at Schindlers on a pro-bono
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How to Log a Query, Dispute or Complaint with COJ

Introduction This is part 2 of an “idiots guide” to logging queries, disputes and complaints with the City of Johannesburg Metropolitan Municipality (“COJ”).  In part 1 we discussed what kind of complaint, dispute or query ‘counts’ for the purposes of allowing a customer to delay payment or avoid credit control action. In this part we
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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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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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What to do when your Neighbour Builds right up to your Property

Introduction This articles explains your rights as a property owner when a neighbour violates a building line or encroaches on your land.   Determining Building Lines Every property has several imaginary lines that run along the inside of the property parallel to the borders, a few meters away from the actual borders.  These are known
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Municipal terminations of supply – is a court order necessary?

Introduction This article considers the legal question of whether it is necessary for a municipality to obtain a court order before terminating the supply of electricity and/or water to a consumer’s property for non-payment of municipal charges. Principles of spoliation It is trite (accepted) law that if any person or entity (including a state entity
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