Section 118(3) of the Local Government : Municipal Systems Act 32 of 2000 in view of the Jordaan decision

Abstract

The Local Government: Municipal Systems Act 32 of 2000 (the Systems Act) is a legislative tool vital for municipal revenue collection, which in turn ensures that municipalities are able to deliver on their constitutional obligation to provide much needed public services. Section 118 has been a cause of much contention since the Act came into effect. Disputes between the municipality and homeowners have become a common reoccurrence, with most of the matters ending up in court proceedings. Cases such as Mkontwana, Mathabathe, Mitchell and Jordaan have shaped the interpretation and application of the Systems Act. The Jordaan case, in particular, has brought about changes with regard to new owners and issues related to property transfers. The focus of this dissertation is to detail the effect and analyse the influence of the Jordaan decision on section 118 of the Act. To effectively reflect on the changes brought about by the Jordaan case, I consider the history of the Act, the influences of other court cases as well as legislation.