Jhb "misleading" landlords

According to attorney Robert Martindale, the City of Johannesburg has deliberately misinterpreted a Constitutional Court ruling and is misleading landlords by telling them to pay off their tenants' arrears in order to recover its R7.1bn debt. He says that the city is now printing on its accounts: "Be advised that landlords are liable for their tenant arrears in terms of the Constitutional Court ruling on 6/10/2004".

He maintains that no court has made a judgment in which landlords are liable for their tenants' arrears. The Constitutional Court simply ruled on the validity of a section of the Local Government Municipal Systems Act and the Provincial Government Ordinance regarding the controversial clearance certificate laws. These require all debts to be paid before a certificate can be issued for the transfer of immovable property.

"The validity of a law relating to the issuing of a clearance certificate is a very different legal issue to whether an owner is liable for his or her tenant's arrears," he said.

City of Johannesburg spokesperson Mandy Woods disagrees that the message is intended to mislead ratepayers. The words are intended to firstly ensure that landlords are aware of their responsibility to pay outstanding consumer amounts before property transfer can take place; and secondly, to advise landlords that they are entitled to request duplicate accounts.

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