Click here to read the full judgment on Saflii

[1]          The applicant is the South African Property Owners Association, a not-for-profit company. The first respondent is the eThekwini Municipality and the second and third respondents are its functionaries. At the hearing of this matter, Mr Stockwell SC appeared, together with Mr Wijnbeek, for the applicant and Mr Pammenter SC, together with Ms Shazi, appeared for the three respondents. All counsel are thanked for the assistance that they have rendered to the court.

[2]          The notice of motion is divided into a Part A and a Part B. It is necessary to set out the relief claimed in both parts. Part A claims an interdict against the respondents in the following terms:

‘2.        That, pending finalisation of the relief sought under Part B, the Respondents be interdicted and restrained from:

2.1       Implementing the decision of the First Respondent’s Council to fix the rate randage payable in respect of vacant land in respect of the 2023/2024 financial year (‘the 2023 Decision’);

2.2       Enforcement action and/or collection of unpaid rates on vacant land within the jurisdiction of the First Respondent, on any rates exceeding the rates amount that was in place on 30 June 2022 in respect of any land.

3.         The costs of this Part A of the application are reserved for determination in Part B of the application.’