The Municipal Systems Act provides in section 118(3) that so-called ‘historic debt’, i.e. debt relating to a property which is older than two years, remains a charge against the related property. Our courts have confirmed that the implication is that a new owner of such property can therefore be held liable for such debts.

The Gauteng High Court (Pretoria) ruled yesterday that this provision is unconstitutional and that municipalities may not hold a property owner liable for a previous owner’s historical municipal debts. The new owner has no connection to the historical debt and the the section unjustifiably limits the new owner’s property rights under the Constitution This is according to media reports, as a copy of the judgment is not yet available.

Good morning Adrianne and Fiona

I trust you are both well amidst  working probably very hard at the present time, as I am sure there have to be many more agents having difficulty solving various problems with the EAAB.

Adrianne, I  thought it important just to advise you –  for the record  –  you were the only person that responded to my email sent on 30 October requesting feedback from the EAAB on the progress of the documentation I had submitted end September, to Mr Shokane, on his request. No response “what so ever” from anybody from the EAAB has been received.

In my humble opinion this fact  has to be addressed at the highest level – the severe lack of communication and response from the EAAB.

Thank you for your efforts and hard work to resolve the problems.

I am looking forward to a response at your convenience.

Kind regards


Community Schemes Ombud Services – Report back to Human Settlements Portfolio Committee

25 October 2016

Chairperson: Ms N Mafu (ANC)

Meeting Summary

The Community Scheme Ombud Service (CSOS), presented their 2015/16 Annual Report to the Committee.

CSOS reported that the Act was in place and there had been sign-off on the regulations that would now allow CSOS to begin working in earnest.

Dispute resolution processes had been finalised and offices were set up in three provinces, risk framework completed, audit and risk committees established and effective, and no fraud had been found. 

Read moreCommunity Schemes Ombud Services – Report back to Human Settlements Portfolio Committee