07 Oct 2010
The Dinokeng Property Owners’ Association in Gauteng plans to approach the Constitutional Court after the Supreme Court of Appeal ruled against them over a hike in rates in the region.
According to Louis Meintjes, spokesman for the Association, they were disappointed that the Supreme Court of Appeal had ruled in favour of the local authority Nokeng Tsa Taemane (formerly known as Rayton) on the eastern side of Tshwane.
The dispute arose over a High Court ruling in Pretoria that set aside the assessment tariffs for the financial years 2003/04 and 2004/05 respectively. However, the Supreme Court of Appeal ruled that the two notices issued by the municipality in terms of the Local Government Transition Act in May 2003 and in June 2004 were properly advertised.
It also found that the operating and capital budgets, which included assessment tariffs for properties within the municipal boundaries, were valid. However, the SCA’s judgment against courts seizing the powers of municipalities to determine rates and taxes within their boundaries.
“The judgment should be read together with two Auditor General reports and one forensic audit, which showed the Nokeng municipality adhered to no legal requirements and that the tariffs imposed were illegal,” said Meintjes
Meintjes says that the judgment now gives municipalities the right to do as they please without consideration for the legal ramifications. He says the Dinokeng Properties Owners’ Association will turn to the Constitutional Court for a ruling.
Readers' Comments Have a comment about this article? Email us now.
House for sale in Oos Einde R 780 000
Apartment / Flat for sale in North Beach R 995 000
House for sale in Lenasia R 480 000
Townhouse for sale in Howick R 1 380 000
Industrial Property for sale in Polokwane R 7 000 000
House for sale in Chantelle R 950 000
Apartment / Flat for sale in Norkem Park Ext 1 R 420 000 000
House for sale in Cashan R 1 650 000
House for sale in Mdantsane Nu 14 R 450 000
House for sale in Eersterust R 550 000
If you are using Internet Explorer 8 or higher, please verify that your Internet Explorer compatibility view settings are not enabled.
For the best browsing experience, update to the latest Version of Internet Explorer or try out Google Chrome or Mozilla Firefox.
Please contact our Property24 Support Team for further assistance. Tel. +27 (0)861 111 724