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Think Your Municipal Bill Is Incorrect? Here’s What the Law Says

Wed, 19 Nov 2025 08:55:05 GMT

When municipalities overcharge or delay issuing clearance certificates, it doesn’t just cause frustration, it raises important questions about fairness and accountability.

Our firm recently represented a Company in an Application against the City of Tshwane Metropolitan Municipality.

After hearing the Application, the Court found that:

1.1 The City of Tshwane is not entitled to charge interest on the arrears of Municipal charges, as reflected in a Municipal Account, which accrues as a
result of an incorrect and inflated Municipal valuation of the property, which was used to calculate the property rates payable in respect of the
Property for the period June 2020 to November 2022.

1.2 It was further declared that the Municipality is only entitled to charge interest on the Municipal Account of the property in accordance with the
provisions of Section 55 of the Local Government: Municipal Property Rates Act 6 of 2004.

1.3 Finally, the Court found that the First Respondent is not entitled to include interest charged as on the alleged rear Municipal charges when it
issues Clearance figures as required in terms of Section 118 of the Local Government: Municipal Systems Act 32 of 2000.

In addition to the aforementioned, the Court directed the Municipality to correct the Municipal Account of the Applicant.

Notwithstanding the aforementioned Order, the Municipality included the amount of R285,000.00 on the Clearance figures in terms of Section 118(1)(a) of the Municipal Systems Act.

Our firm demanded compliance with the Order of the 9th of July 2025 and demanded that the interest be removed from the Municipal Clearance figures.

The Municipality took the stance that, notwithstanding the Order, they are entitled to levy interest for purposes of Municipal Clearance.

Due to the flagrant noncompliance of the Municipality with the Order, we instituted Urgent proceedings to compel compliance with the 9th of July 2025 Order and on the 29th of September 2025, the High Court of Pretoria made an Order stating inter alia:

“ The Respondents are found to be in contempt of the Order handed down by the Honourable Manamela AJ on 9 July 2025 “.

In addition to the above, the Municipality was directed to purge its contempt by issuing Clearance figures which are free of interest.

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What This Means for Property Owners

This case offers valuable insight into how property owners can protect themselves against municipal overreach or administrative delay.

1. You Have the Right to Fair Administrative Action

Municipalities must make decisions that are lawful, reasonable, and procedurally fair - as guaranteed by Section 33 of the Constitution and the Promotion of Administrative Justice Act (PAJA) .
If your clearance figures are incorrect or a dispute is ignored or delayed, you can demand written reasons and challenge the inaction under PAJA.

2. Clearance Figures Must Reflect Only What’s Legally Due

Under Section 118 , municipalities may only require payment for amounts actually charged for the preceding two years before issuing a clearance certificate.
The municipality cannot add interest, old debt, or unrelated service charges . If they do, you are entitled to request a corrected statement or approach the court to compel compliance with section 118.

3. Overbilling Can Be Reversed

If you’ve been overcharged due to inflated property valuations or incorrect rates, you can apply for an adjustment or refund .
In the Pretoria case, the municipality was eventually compelled to credit millions of rands to the property account - proving that persistent, lawful action can correct administrative errors.

4. Municipalities Are Accountable to the Courts

Municipalities have a constitutional duty to comply with court orders. If they fail to act, courts can enforce compliance or incarcerate municipal officials due to non-compliance. This ensures that public officials remain accountable to the courts and ratepayers.

5. Unreasonable Delays Can Be Challenged

Financial losses due to administrative inaction can delay property transfer or cause the seller to pay unfair or inflated amounts to the municipality courts.

In some cases, Courts can compel a municipality to act within a set timeframe to prevent prejudice.

How to Protect Yourself

If you are planning to sell a property or challenge a municipal bill, keep these practical steps in mind:

Keep a record of all communication and responses (or lack thereof).
Verify that your property's municipal valuation corresponds with the realistic market value.

If you’re ignored or overbilled, seek professional legal guidance early .

Conclusion

The Pretoria High Court ruling (Case No. 2025/011201) reinforces the principle that municipalities must operate within their legal mandates , with fairness and transparency. Property owners are not powerless - South African administrative law holds public bodies accountable for Administrative action/inaction and for contempt of court.

If you believe a government department or municipality has acted unfairly or unlawfully, consult Roodt Law or visit us at roodtlaw.com

The Municipality is Delaying my Building Project. What Now?

Wed, 29 Oct 2025 09:34:59 GMT

Understanding Your Rights And Legal Options

Few things are more frustrating than investing time, money, and planning into a building project, only to have it unexpectedly delayed by municipal authorities. Whether you’re a property developer, investor, or private homeowner, a stop notice or legal challenge from the local municipality can bring your entire project to a standstill.

At Roodt & Co. Attorneys, we regularly assist clients navigating these complex and often disruptive scenarios. Understanding the legal basis for cease and desist, or contravention notices and knowing what steps to take is essential to protect your rights and get your project back on track.

Why Municipalities Halt Building Projects

1. Building Without Approved Plans

The National Building Regulations and Building Standards Act stipulates that approved building plans are compulsory. Even minor deviations can result in enforcement action if the municipality becomes aware of unauthorised works. This also affects property owners who have attempted to have the approval finalised with the Municipality, without luck.

2. Zoning or Land Use Violations

If your project doesn't comply with the Town Planning Scheme or land use rights of the property (e.g., residential vs. business), it may be deemed to be unlawful.

Municipalities may issue a stop order or enforce action on several legal grounds. Some of the most common include:

3. Environmental or Heritage Concerns

Projects located near protected areas, wetlands, or heritage sites may require additional environmental or heritage approvals. If the requisite environmental impact assessments are not in place, municipalities and the Department of Agriculture and Rural Development have the right
to refuse building plan approval and intervene.

4. Public Complaints or Obligations

Neighbouring property owners or ratepayers' associations often lodge objections against development which perceivably negatively impacts their rights. This can prompt the municipality to refuse an application for land-use rights.

5. Inadequate, Incomplete Compliance With Conditions of Approval

Even after rezoning or development rights are granted, conditions may apply (e.g., infrastructure and bulk-service contributions). Failing to meet these requirements may trigger a halt to development.

Need Help With a Halted Building Project?

If a municipality has halted your development project or you’ve received a notice threatening construction delays, don’t wait for the issue to worsen, take immediate action and arrange a consultation with Roodt & Co. Attorneys . Our team of experts will help you understand your position, explore your legal remedies, and assist in getting your project back on track with

confidence.

Understanding Your Municipal Account in South Africa

Tue, 28 Oct 2025 06:56:26 GMT

Learn simple tips for checking and managing your municipal account anywhere in South Africa.

Municipal accounts are something every property owner or renter in South Africa deals with. Occasionally, bills may seem higher than expected or include charges you don’t recognize.

Here are a few simple tips to manage your municipal account effectively:

2 - Track your consumption

Keep a record of meter readings or water/electricity usage at regular intervals. This helps spot inconsistencies quickly.

3 - Ask questions

If something doesn’t add up, contact your municipality. Most billing issues can be clarified with a simple call or email.

1 - Check your bills regularly

Make it a habit to review each bill and compare it to your previous statements. Look for sudden increases in water, electricity, or refuse charges.

4 - Stay organised

Keep all receipts, proof of payments, and correspondence in one place. This can be helpful if disputes arise later.

5 - Plan for seasonal variations

Some months naturally have higher consumption (e.g., summer for water, winter for electricity). Being aware of these patterns helps prevent surprises.

Tip: Staying informed and checking your accounts regularly is the easiest way to avoid surprises and keep your household or business running smoothly.

Planning Construction or Renovations on Your Property?

Mon, 27 Oct 2025 06:56:26 GMT

Quick tips for property owners considering building, extending, or renovating in South Africa.

Whether you’re adding a room, building a new structure, or renovating, planning ahead is essential. Proper preparation can prevent delays, unexpected costs, and unnecessary stress.

Here are some practical tips for smooth construction or renovation projects:

1 - Define your project clearly

Write down exactly what you want to achieve and the areas of your property involved. This makes communication with contractors easier.

2 - Hire the right professionals

Use qualified architects, engineers, or contractors to avoid mistakes that could cost more later.

3 - Check local requirements

Make sure you understand any approvals or permits that may be needed. Even small renovations sometimes require municipal notification.

4 - Plan your budget and timeline

Include a contingency for unexpected costs or delays. Having a realistic budget helps you stay in control.

5 - Communicate clearly

Maintain regular communication with your team to track progress and avoid misunderstandings.

Tip: Proper planning saves time, money, and headaches, and ensures your project is completed safely and efficiently.