High Court dismisses Westville Ratepayers' Association's application on municipal rates
The Durban High Court has dismissed an application for rates declaratory order by the Westville Ratepayers association
Image: IOL
The eThekwini Municipality has welcomed the decision by the Durban High Court to dismiss the application by the Westville Ratepayers' Association (WRA) to declare the rates charged for the financial years from 2005-2008 unlawful and not due to the municipality.
The lack of service delivery by the eThekwini Municipality had resulted in a number of ratepayer's associations - among them Westville Ratepayers’ Association - protesting the payment of municipal rates.
This follows a resolution by the association’s ratepayers who declared that the city’s 2023/24 budget was unlawful and requested that it reverts to the previous tariff application.
The application was occasioned by an investigation report commissioned by the WRA which found that the municipality did not comply with all relevant legislations which required it to publish the rates promulgation in the Provincial Gazette.
The municipality disputed this and contended that it had complied with the Municipal Finance Management Act (MFMA) and published the promulgation in the Gazette. According to the Judge who presided over the case, this assertion was not disputed by the applicant (WRA).
Furthermore, the Judge said that leaving aside that the application was based on a meritless investigation report, he disagreed with the applicant that the municipality was obliged to comply with all relevant legislation in promulgating rates.
Reacting to the judgement, eThekwini Municipality Mayor, Councillor Cyril Xaba, said the municipality welcomed the judgement as it demonstrates the city’s commitment to conduct its business within the framework of the law.
“Residents must rest assured of our commitment to run a clean, accountable and transparent administration,” said Mayor Xaba. “I strongly believed in the constructive resolution of disputes and that if residents are not satisfied with the manner in which the municipality runs its affairs, my door remains open for engagements.”