Paul Hoffman, SC, expresses his opinion with regard to the legal opinion expressed by SP Rosenberg. W Landman also contributes an essay regarding the ethics of withholding rates. (more…)
Archive for the ‘Legislation’ Category
The Ethics of Withholding Rates – Landman and Hoffman
Friday, July 9th, 2010Ratepayers’ Association Constitution – example
Friday, July 10th, 2009Please find a copy of a Constitution for a ratepayers’ association. This one is in Afrikaans, and I would appreciate it if I can have an English example:
Legal judgment: when councilors are liable for costs
Friday, July 10th, 2009Here is a precedent-setting case where a councilor was responsible in his personal capacity for legal costs. Unfortunately it will not load onto the site, so if you want a copy you are going to have to ask me to send you the attachment at nikimoore@7th-avenue.co.za
An important court judgment
Friday, July 10th, 2009Recently the residents of Sannieshof brought an urgent interdict against their municipality to compel it to perform its duties with regard to services. This interdict was dismissed, but from the judgment it is clear that the dismissal is of a technical nature and the judge was relatively sympathetic to the residents of Sannieshof. There are valuable lessons that can be learned from this court judgment, and it is recommended that RAs read it very carefully. Unfortunately the document will not load onto the website, so you will have to request it from me at nikimoore@7th-avenue.co.za
Rejecting a municipal budget
Sunday, June 14th, 2009The NTU has published guidelines whereby a ratepayers association can reject a municipal budget: (more…)
Free lights and water
Friday, June 12th, 2009According to laws promulgated since 1995, every household in South Africa is entitled to an amount of water and electricity for free (in order to give some relief to poor households). At the moment, the regulation is 9 kls of water per household, and 50 kW of electricity. All ratepayers must make sure that they get this free service, as some municipalities are charging for these utilities. Another way in which municipalities levy charges for water, is by placing a tax on water provision, sometimes called a ‘Fixed Water Charge’. This is applicable to water consumers who use more than the free water allocation.
NB: If a municipality has not been providing the first 9kls of water free, the ratepayers have a legal case against them for a refund of water charges.
Ratio of rates on farmland to residential land
Friday, June 12th, 2009According to regulations published in March 2009, under the provisions of the Municipal Property Rates Act of 2004, the upper limit of the ratable ratio of farmland to residential land is 1:0,25. This is the same rating that is applied to public service land. It is important for owners of agricultural property to know that this is the upper limit of rates that can be applied to farmland. In other words, farm land can not be rated at more than a quarter of residential land.