How to fix incorrect valuations/categorisations of properties “in between” property rolls

Introduction It often happens that property owners miss the deadline for objection to incorrect details on a property roll.  If municipal staff advise you that there is nothing you can do after the fact to fix the problem, they are wrong. This article describes the steps that a property owner can take to compel the
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Association of Mineworkers & Construction Union on behalf of Employees v Patcon Construction & Civil Engineering Contractors (Pty) Ltd (2018) 39 ILJ 586 (LC)

SUMMARY The factual matrix from which this judgment arises concerns a retrenchment dispute. The matter pivoting on the consultation process adopted by Patcon Construction & Civil Engineering Contractors (Pty) Ltd (the “Employer”) with the Association of Mineworkers & Construction Union (the “Trade Union”). The Trade Union disputed the Employer’s compliance with the consultation process stipulated
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The legalities around COJ imposing the “Illegal Use Tariff”

Introduction City of Johannesburg Metropolitan Municipality (“COJ”) has taken the view that rating categorisations and tariffs are not linked to each other, and that this accordingly entitles it to change a consumer’s tariff without changing the consumer’s corresponding rating categorization as provided for in the Local Government: Municipal Property Rates Act (“the Act”).  The procedure
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Sectional Title Properties – does zoning or use determine the rating classification?

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
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When does a person need to register with the NHBRC?

Introduction This article looks at when it is necessary in terms of the National Housing Consumers Protection Measures Act 95 of 1998 (“the Act”) for a person or entity to register with the National Home Builders’ Registration Council (NHBRC) as a “home builder”.   Home builder In terms of section 10 of the Act, any
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SCA ruling: Single parents can now apply for school fee exemption without their partners’ consent.

Introduction In light of the recent decision handed down by the Supreme Court of Appeal (“SCA”), Head of Department Western Cape Education Department and Others v Saffer (1209/2016) [2017] ZASCA 187 (13 December 2017), single parents who are divorced or separated no longer require their former partners’ consent in order to apply for a fee
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Theft as a ground for dismissal and the consequences that follow

By Charlotte Clarke and Musa Mathebula, Candidate Attorneys and Pierre van der Merwe, Partner   Introduction This article examines the appropriateness of the sanction of dismissal of an employee for theft in the workplace, the effect of dismissal of an employee for theft, and the consequences that this may carry for the employee and the
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Supplementary 4 2018 General Valuation Roll Fixed Fee Services

Dear Clients Schindlers offers the following fixed fee services.  Please note that the prices quoted are ex vat. Please note further that, any other legal assistance that you might need outside of the scope of these services, will be charged for at our ordinary hourly rate as per our standard fee agreement for 2018 (a
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Evidence Supporting Municipal Valuation Objectives

Introduction The authors have been flooded with queries from concerned citizens asking “what kind of valuation report must I attach to my valuation objection?”.  This note attempts to address this issue within the context of the law relating to municipal valuations in South Africa. What should the municipal valuation be? It should be ‘market value’
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The Impact of Mitchell and Mathabathe on S 118

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
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