CCT57/03

[2004] ZACC 9

2005 (1) SA 530 (CC)

2005 (2) BCLR 150 (CC)

Yacoob J Majority judgment

O'Regan J separate judgment

Sachs J separate judgment

10-11 March 2004

6 October 2004

http://hdl.handle.net/20.500.12144/2177

Order of the South Eastern Cape High Court in Nokuthula Phyllis Mkontwana v Nelson Mandela Municipality and Others (SECLD) Case No 1238/02 and Peter William Bissett and Others v Buffalo City Municipality and Others (SECLD) Case No 903/2002, 13 September 2003, unreported, is set aside by the Constitutional Court.

Applications for confirmation and leave to appeal against High Court decisions. Three cases concerning the constitutionality of s 118(1) of the Local Government: Municipal Systems Act 32 of 2000 and section 50(1)(a) of the Gauteng Local Government Ordinance No 17 of 1939. Both sections preclude transfer of immovable property unless all electricity and water consumption charges due to a municipality in connection with the property by all occupiers of including non-owner occupiers for a specified period are paid. It was contended that these laws allow for arbitrary deprivation of property and infringe s 25(1) of our Constitution. Yacoob J, for the majority held that the legislation deprives people of property. However, the deprivation is not arbitrary. The provision has an important purpose that encourages payment as well as a sense of civic responsibility. There is sufficient reason for the deprivation. Also, all municipalities had to provide owners with copies of electricity and water accounts sent to occupiers if the owners requested these in writing. These laws also do not infringe the right to equality (s 9), the right of access to housing (s 26) or the right of access to courts (s 34). O'Regan J (Mokgoro J concurring) concurs with the order proposed by Yacoob J, but for different reasons. The order of the South Eastern Cape High Court set aside.