Tshwane ordered to pay back dishonest rates to Pretoria east residents
“We will not comment further as we are entitled to explore an appeal.”
The Tshwane metro has been ordered to refund a large number of Pretoria residents who have been fighting to have illicit property rates levied on them since 2011.
Many of the affected properties are situated in high-end residential estates in the east of Pretoria, near Silver Lakes.
The judgment was served recently in the North Gauteng High Court in Pretoria in October.
It was a result of a collective of land owners labelled ‘WeCanWin’ being granted a declaratory order against the metro.
Tshwane metro has since been ordered in terms of the judgment to:
– Reverse the invalid rates levied against the affected properties and recalculate the interest charged against the affected property owners;
– Reimburse and/or credit excess amounts paid where the adjustment results in the total amount paid in respect of an affected property exceeding the total amount payable;
– Reduce the adjusted amount on the rates account of the affected property where the adjustment does not result in the total amount paid in respect of an affected property exceeding the total amount payable;
– And furnish every owner of an affected property with a written account.
The metro was ordered to attend to the matter within 90 days and also finance the legal costs of both counsels.
The group had been in litigation with the metro as Tshwane was found guilty by the court for unlawfully billing incorrect property rates to owners of vacant stands in Lombardy Estate and Health Spa in the east of Pretoria 11 years ago.
The dishonest billing was a result of a change in the categorisation of the land.
The owners were part of a housing development in the municipal area of the former Kungwini local municipal who had categorised land as residential until it was absorbed by the Tshwane metro in 2011.
Kungwini municipality consisted of areas such as Bronkhorstspruit and Silver Lakes, where land was categorised to assist in levying property rates.
Since the absorption of Kungwini by Tshwane, the land was categorised as “vacant” which resulted in the owners becoming liable to massive increases in rates.
“That represented an increase of some 700% over the amount previously charged. The experience of the [complainants] was not unique to them, but repeated throughout the Lombardy Estate development and, indeed the former Kungwini,” said Judge Sulet Potterill.
The drastic increases were imposed since July 2011.
Despite the owners seeking clarification from Tshwane, no simplification was received by the collective which led to the courts being approached.
Tshwane metro spokesperson Lindela Mashigo said the metro was aware of the judgment.
Mashigo did not disclose how much money the metro would pay to the affected landowners.
He said Tshwane’s legal team was still studying the judgment as the metro could still apply for leave to appeal.
“Tshwane has received judgment on the matter. Its legal team is currently discussing it to chart a way forward.
“We will not comment further as we are entitled to explore an appeal.”
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