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Challenge to debt collection law

The application of the act has been a bone of contention since section 118 came into force in March 2001. See Summer Symphony Properties CC and Mkontwana v Nelson Mandela Metropolitan Municipality and others. In Johannesburg, the Transfer Action Rights Campaign (TARC) - a group of landlords trying to fight the legislation - welcomed the latter decision as it says it will strengthen the class-action lawsuit it has brought against the City of Johannesburg, the Ekurhuleni council and the MEC for local government. The Constitutional Court will hear their case next month, the outcome of which could have major repercussions for all municipalities. The landlords' attorney, Robert Martindale, said this law had been introduced as an easy way of collecting arrears.


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