Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Protecting South Africa’s teachers starts with truly safe schools for everyone

September 8, 2026

Electoral Court dismisses UDF Party application for more time to nominate candidates

September 8, 2026

KZN High Court scraps paper court orders in major digital overhaul

September 8, 2026
Facebook X (Twitter) Instagram
Trending
  • Protecting South Africa’s teachers starts with truly safe schools for everyone
  • Electoral Court dismisses UDF Party application for more time to nominate candidates
  • KZN High Court scraps paper court orders in major digital overhaul
  • Inmate death and alleged assaults at Kutama Correctional Centre spark series of lawsuits
  • Cape Town wants every dog and cat to have a permit under sweeping new by-law
  • Mandela’s legacy at stake as SA’s apex court hears fight over 29 priceless artefacts
  • Woman’s R2 million lawsuit over alleged botched pregnancy termination cleared for trial
  • A nation that mourns its police officers better than it protects them
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » City of Johannesburg’s bid to appeal flawed property rates ruling dismissed
Constitutional Law

City of Johannesburg’s bid to appeal flawed property rates ruling dismissed

Municipality faces setback as property rates policy declared unconstitutional 
Kennedy MudzuliBy Kennedy MudzuliJune 25, 2025Updated:June 25, 2025No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

Key points

  • The High Court rejected Johannesburg’s bid to overturn the property rates ruling. 
  • The court condemned the city’s engagement as a “dishonest and sham.” 
  • Categorising private schools as commercial properties violated procedural justice. 

The South Gauteng High Court has dismissed the City of Johannesburg’s application for leave to appeal a judgment that found its 2023/2024 Property Rates Policy unconstitutional and procedurally flawed.  

The dismissal delivers a decisive legal blow to the municipality’s efforts to defend the reclassification of privately-owned educational institutions as “Business and Commercial” properties. 

Acting Deputy Judge President TP Mudau, handing down the ruling on 24 June 2025, found that the municipality had failed to demonstrate reasonable prospects of success or compelling legal grounds to justify an appeal. The court’s decision effectively upholds the original ruling, which declared parts of the city's property rates policy invalid due to a defective public participation process and a disregard for the constitutional rights of children. 

'Dishonest and sham' consultation process exposed 

The original judgment, consolidated from four separate applications, scrutinised the City’s reclassification of independent schools and its treatment of public input during the policymaking process.  

The court found that the consultation process not only lacked transparency but was conducted in a manner that was “dishonest and a sham,” violating the principles of administrative justice enshrined in Section 33 of the Constitution. 

At the core of the dispute were submissions from affected educational institutions, many of which operate in underserved urban and township communities and provide essential educational services to learners from low- and middle-income families. These schools contended that being rated as commercial entities significantly increased their financial burden, placing pressure on school fees and threatening continuity of access to quality education for thousands of pupils. 

The court agreed, ruling that Johannesburg’s failure to meaningfully engage these concerns constituted a breach of both procedural fairness and the constitutional obligation to protect children’s rights. 

A precedent for participatory governance 

In rejecting the city’s appeal, Acting Deputy Judge Mudau reaffirmed that local governments are not merely entitled to consult the public but are obligated to do so meaningfully, particularly in matters that directly affect vulnerable populations. “The duty to facilitate public involvement must be construed in the context of our constitutional democracy,” the judgment noted, invoking prior Constitutional Court guidance on participatory legislative processes. 

#Conviction   

Get your news on the go. Click here to follow the Conviction WhatsApp channel. 

education policy Johannesburg Property Rates Public Participation South African constitutional law
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Electoral Court dismisses UDF Party application for more time to nominate candidates

September 8, 2026

Magistrates cannot order deportation of undocumented foreigners in South Africa

September 4, 2026

SCA upholds Western Cape law allowing donors and NGOs in public school governance

September 3, 2026
Leave A Reply Cancel Reply

Prove your humanity: 9   +   3   =  

Subscribe to our newsletter:
Top Posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
Don't Miss
Opinion
8 Mins Read

Protecting South Africa’s teachers starts with truly safe schools for everyone

By Galaletsang LelakaSeptember 8, 20268 Mins Read

As violence and bullying escalate in South African schools, the conversation on school safety must protect educators as fiercely as it protects learners.

Electoral Court dismisses UDF Party application for more time to nominate candidates

September 8, 2026

KZN High Court scraps paper court orders in major digital overhaul

September 8, 2026

Inmate death and alleged assaults at Kutama Correctional Centre spark series of lawsuits

September 8, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Your driving licence at the gate: What estates can actually legally scan

Sponsor: My Estate LifeSeptember 6, 2026

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024
OUR PICKS

Western Cape judges open the Bar to foreign-trained lawyers in South Africa

September 2, 2026

Justice Department ordered to promote five senior secretaries with back pay

September 3, 2026

My soul is not happy: Sharpeville survivors take government to court over apartheid reparations

September 4, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by