The Implications of the Constitutional Court Decision:
Jordaan and Others v City of Tshwane Metropolitan Municipality and Others [2017]
ZACC 31

By Chantelle Gladwin-Wood, Partner and Anja van Wijk, Associate

Introduction

The Constitutional Court held last week that historical municipal debt (meaning municipal debt attaching to a property which is older than two years at the date of application for a rates clearance certificate) does not “survive” transfer, meaning that the purchaser or another successor in title cannot be held liable for debt by the municipality in any way whatsoever after transfer.

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