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Municipal arrears row heads for judgment

Herald Reporter

THE landmark decision by two Eastern Cape judges last year ruling it as unconstitutional for local authorities to hold property owners responsible for tenants water and electricity arrears will again come under the spotlight on March 10.

Initially set down to be heard in the Constitutional Court on March 3, the date had to be moved forward to accommodate an overwhelming response from the public, business and local government.

Legal counsel from Port Elizabeth will be among a host of 12 to 16 advocates when no less than six similar cases will be heard before a full Bench.

Local advocates Albert Beyleveld, John Whitehead, SC, and Torquil Paterson will be appearing for applicants in Port Elizabeth and East London while attorney Robert Martindale will be representing applicants from Johannesburg. An application has also been filed from Durban.

On this date, the Constitutional Court will be sought to confirm the ruling by Judges Frank Kroon and Erik Leach.

Should the ruling be upheld, property owners who were forced to pay their tenants arrears may be able to claim back millions from local governments.

 Editorial comment on P6.


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