A judge’s gavel, law books and the scales of justice. File Picture
Durban - The South African Property Owners’ Association (Sapoa) says the legal battle with the eThekwini Municipality over the rates charged on vacant land is far from over.
The matter relates to the property rates increases that came into effect on vacant land in the 2022 financial year where the council took a decision to increase the rates randage by 100% for vacant land, and it escalated from 5.8966 cents to 11.7932 cents in the rand.
In a statement yesterday, the association said while the interdict application had not gone in its favour, it had launched a two-pronged application; the first part being the interdict application, and the second part being the judicial review of the impugned decisions regarding the increases.
It said the judicial review was still pending.
“It was only the interdict that was dismissed, with the judicial review still proceeding. Sapoa is currently awaiting the delivery of the record that led to the decision to double the rate randage on vacant land, which the municipality is obliged to deliver.
“The delivery of the record is a necessary step in the review. Without the record both the litigants and the court are disadvantaged in their task to interrogate the decision,” said Neil Gopal, Sapoa CEO.
He said the delivery of the record by the municipality was overdue.
“The record is to be delivered by 3 October 2023, failing which the application to compel delivery thereof will be set down on the court roll.
“Only once the record has been provided, will Sapoa be able to supplement its papers with the information that is required to proceed with the judicial review.”
Gopal added that prior to the court action, the association had engaged the municipality.
“It was only after the municipality had reneged on its previous undertakings, and refused to engage further with Sapoa, that litigation was commenced in the interests to protect its members and members of the public who own vacant properties within the municipality.
“Sapoa will continue to monitor property rates in this, and other municipalities, in order to protect property owners against excessive property rates,” he said in a statement.
EThekwini Municipality’s spokesperson Gugu Sisilana said: “We don’t make public statements on matters that are before the courts of law.”
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