Rayton to ConCourt over rates spat

Johannesburg - Members of the Dinokeng Property Owners' Association in Gauteng are to approach the Constitutional Court over a property rates dispute.

The Supreme Court of Appeal (SCA) ruled against them in the matter on Friday.

Association spokesman Louis Meintjes said on Monday they were disappointed by the SCA judgment in favour of the Nokeng Tsa Taemane local municipality (Rayton).

"The judgment should be read together with two Auditor General reports and one forensic audit which showed the Nokeng municipality adhered to no legal requirements [and] that the tariffs imposed were illegal... ," he said.

The municipality includes urban areas such as Rayton and Cullinan, rural residential areas such as Roodeplaat, agricultural land and conservancies and townships such as Refilwe.

The SCA last week upheld an appeal by the municipality against a high court finding setting aside assessment tariffs for two financial years.

The High Court in Pretoria had set aside the assessment tariffs for the financial years 2003/04 and 2004/05 respectively.

However, the SCA held that two notices issued by the municipality in terms of the Local Government Transition Act on May 28, 2003 and June 8, 2004 were properly advertised.

The SCA found the operating and capital budgets, which included assessment rate tariffs for properties in the municipality for the 2003/04 and 2004/05 financial years, were valid.

The SCA judgment also warned against courts seizing the powers of municipalities to determine rates and taxes within their municipal boundaries.

Meintjes said the judgment would give municipalities the right to do as they pleased, without consideration for legal requirements.

"We will have to take the matter to the Constitutional Court," he said.