Can new owners be held liable for historic municipal debt on their property?

  In the case of Jordaan v Tshwane municipality, the Constitutional court handed down a judgment on 29 August 2017, dealing with the constitutional validity of S118(3) of the Local Government Municipal Systems Act, which provided that “an amount due for municipal service fees, surcharges on fees, property rates and other municipal taxes, levies and… Continue Reading

Prescription of Municipal Debt

Prescription of municipal debt On 13 February 2017, in the case of Argent Industrial Investment (Pty) Ltd and Ekurhuleni Metropolitan Municipality, the court had to rule on whether the municipality’s claim for water consumption had prescribed. The court concluded that If a consumer receives a utility bill reflecting, for the first time, charges older than three… Continue Reading

When an Emolument Attachment (or Garnishee) Order is invalid

Practical application of emoluments attachment order judgment for employers: University of Stellenbosch Legal Aid Clinic and 15 others v Minister of Justice and Constitutional Development and 17 others (Western Cape High Court 16703/14) case Source: Webber Wentzel Background In this decision the High Court pronounced on the apparent large-scale abuse of emoluments attachment orders (EAOs)… Continue Reading

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