Simon’s Towners Take Note: Rates process is illegal - lawyer
August 7, 2007 – 8:01 am | by JohanNew Here? You’re Invited To Simon’s Town News Updates Subscribe here.
This article appeared in the Cape Argus and it’s interesting reading for concerned Simon’s Town Property owners.
Henri du Plessis
August 13 2007 at 07:40PM
A Cape Town attorney who is trying to have the city’s rates increases ruled offside claims to have found a flaw in the objection process.
Leonard Shrand met the city’s director of legal services, Lungelo Mbandazayo, on Monday to point out that the process was illegal because a valuation appeal board that should have reviewed objections to the new rates had not yet been appointed.
Before the meeting Shrand said he would contend that Act 6 of 2004 demanded that the municipal manager pass on objections to the municipal valuer within 14 days.
The municipal valuer then had to promptly pass it on to the Valuations Appeal Board for review.
Taking the word promptly at its ordinary meaning, it would be impossible for the municipal valuer to adhere to this requirement, as the Valuations Appeal Board had not yet been appointed, Shrand said.
In fact, the city had only asked for nominations for the board in a press notice published as recently as July 7, he said.
According to a rule in law known as the Contra Fiscum rule, the situation forced the city to rule in favour of the consumer and against the fiscus, Shrand argued.
It is my opinion that the authorities should have seen to the appointment of the Valuation Appeal Board well before the objection process began, he said.
At the meeting I will ask the city to consider effecting the following arrangement which would be consistent with the relief that the affected ratepayers may reasonably wish to seek in a court of law.
Firstly, every objector must be entitled to pay rates, with immediate effect and until the objection has been resolved, on the valuation requested in the objection form.
Secondly, interest, if any, payable to the city, must be waived if the objection is wholly or partly upheld.
Thirdly, every objector must be allowed to exhaust all legal remedies in respect of the objection.
And fourthly, objectors must be informed in a press notice published by the city at least twice that they may phone a number provided where they can accept the arrangement and be given a reference number to confirm their acceptance.
Mbandazayo was not available for comment.
This article was originally published on page 3 of Cape Argus on August 13, 2007.
As a Simon’s Town property owner do you agree with this attorney? Drop a comment blow.
Regards
Johan Horak
SimonsTownRealty: Sell, Buy A Simon’s Town Property? Phone Today 021-7864028 or 082 870 2004
How Do You Care For Your Second Home When You Are From Out Of Town? Ask The Local Eye To Take Care.
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