New Ventures Consulting WINS in the North Gauteng High Court against Ekurhuleni & City of Tshwane Municipalities – New Property Municipal Debt Judgment – Unconstitutional/Unlawful Declaration – New Court Case Judgment

7 November 2016

The Municipal Debt Specialist Saves Property Owners in the Courts:
New Ventures Consulting WINS in the North Gauteng High Court against Ekurhuleni & City of Tshwane Municipalities

The Courts have finally come to the rescue. Since 2013, New Ventures Consulting and Services, have been involved in protracted litigation with Ekurhuleni Metropolitan Municipality and the City of Tshwane.

New Ventures, originally obtained clearance figures for the various clients and provided an indemnity that any Municipal demand or unlawful action would be handled by New Ventures, at their own risk and cost.

After the City of Tshwane and Mathabathe matter was concluded in 2013, the Municipalities incorrectly interpreted this Judgment by thinking it gave them automatic power to transfer debts from old owners and tenants to the current owner. In all the above instances, the Municipalities disconnected the services and have even gone as far as refusing to open up a new Consumer’s Agreement for the new owner.

Over the past three years there have been a number of Judgments where the Courts confirmed that the Municipalities were acting unlawfully by refusing the required services to the new owners. In these matters, the constitutional aspects were never pursued. In all the matters set out hereunder, New Ventures pursued the constitutional issue vigourously.

The Court has now declared that it is unconstitutional to hold new purchasers and owners liable for previous owners/tenants debts. This matter has now been referred to the Constitutional Court for confirmation. It is significant to note that the Municipalities ignored the various Court Judgments and continued with their unlawful practice. A number of special Cost Orders were granted against the Municipalities.

In the meantime, innocent purchasers and homeowners were forced to pay the outstanding Historical Debts because they were under duress to get services.

HIGH COURT  MATTERS HANDLED BY NEW VENTURES:

CASE NO: 74195/2013
CHANTELLE JORDAAN
NEW VENTURES CONSULTING & SERVICES (PTY) LTD

CASE NO: 13039/2014
F M KEKANA,
M R MALEBOLOA,
S R MALEBOLOA,
M MAMOTSAU,
NEW VENTURES CONSULTING & SERVICES (PTY) LTD

CASE NO: 13040/2014
BILLIE ANN LIVANOS,
LEAH HENDERSON,
NEW VENTURES CONSULTING & SERVICES (PTY) LTD,
CLIFTON DUNES INVESTMENTS 317 (PTY) LTD,

CASE NO: 19552/2015
GEMMA DIAMONDS (PTY) LTD
NEW VENTURES CONSULTING & SERVICES (PTY) LTD

CASE NO: 23826/2014
OAK PLANT RENTALS (PTY) LTD,
STEPPING THE WORLD (PTY) LTD,
NEW VENTURES CONSULTING & SERVICES (PTY) LTD,

A detailed investigation/audit was concluded on all of the above matters to ensure that the correct and legal amounts were paid to the Municipality. The Municipalities claims were inflated and incorrect. We successfully reduced the Municipal claims substantially.

All of the above cases were heard during February 2016. The main issue revolved around the Municipalities’ refusal to provide the necessary services to new owners until the previous owners debt had been settled.

 The Municipalities were ordered to pay special costs:

New Ventures employed the services of three Advocates. Two of the Advocates were Senior Counsel and the third Advocate was a Constitutional Expert. The Court’s Cost Order included the above three Advocates. New Ventures have incurred millions upon millions of Rands in legal expenses to protect our clients.

We sincerely hope that the “powers that be” and the Heads of the Municipalities will realise the errors in their ways and move progressively forward and stop wasting Ratepayers’ money to fund such unnecessary litigation.

There are certain Municipalities in South Africa that have not followed this unlawful conduct and are successfully ensuring that all debts are paid in full before transfer. I sincerely hope that if other Municipalities such as the City of Johannesburg can do it right and legally, Ekurhuleni and City of Tshwane should consider same.

I pray that all the parties from hereon can work closely together. I truly hope that the Municipalities will not allow this fruitless and expensive litigation to go on any further.

We urge Municipalities to reconsider their debt collection policies and strategy. Municipal By-Laws and Policies provide the Municipality with sufficient power to collect the required amounts in terms of Section 96 of the Municipal Systems Act.

New Ventures Consulting and Services are the MUNICIPAL DEBT SPECIALISTS and have all the knowledge and expertise to conclude all of the above. To date we have successfully concluded in excess of 12,000 properties for Property Owners (Purchasers and Sellers), Banks, Estate Agents, Transferring Attorneys, Sheriff Sales, Sequestrations, Liquidations, etc. We provide an indemnity on every matter we act on.

PLEASE CLICK LINK BELOW TO VIEW THE JUDGMENT:
2016-11-07-new-ventures-judgment-unconstitutional-new-owners-not-liable-for-old-owners-municipal-debts-case-nr-74195-2013_13039-2014_13040-2014_19552-2015_23826-2015_new-ventures-consulting

 

COMMENTS:


Greetings Mr Livanos,

What a sterling job well done. There are numerous other matters that could also be tackled.
You are truly the peoples hero.

POLITICAL COUNSELOR


Well done.  
Kind regards,
DIRECTOR LAW FIRM SANDTON


Thank you for this article. We are aware of your services and often recommend them. Keep up the good work.
ESTATE AGENT GERMISTON


Great work…A HUGE THANK YOU from all consumers.
Regards
PROKUREUR/AKTEVERVAARDIGER/ATTORNEY/CONVEYANCER


I am sure that he will be very pleased about this landmark achievement.  Well done to New Ventures Consulting!
Groete / Kind Regards (Conveyancing Secretary)
LAW FIRM


Dear Sir/Madam
Thank you for your article. I have read the judgment. Wonderful!!!
Kind Regards / Vriendelike Groete
DIRECTOR LAW FIRM JHB


Hi ,we are aware of your firm ,and have made use of your services for the past few years, Keep up the good work
PRINCIPAL ESTATE AGENCY


Thank you so much for keeping us up to date.  It is appreciated.
DIRECTOR LAW FIRM PRETORIA


This indeed is very welcome news! Well done New Ventures. I certainly will be using you in future. Please send me your fees for your services. Best regards
DIRECTOR CONVEYANCING ATTORNEYS


Congratulations :)
BANK & BONDHOLDERS


WOW Peter…wow thats great news…well done!!!
PROPERTY OWNER


 

Good Day, Thank you for sharing the good news. I have been following your updates for the past 3 years, congratulations on winning and protecting all future property owners. We have experienced many issues over the years related to unpaid municipal bills and the effect this has on new property owners. Well done on an outstanding job.
Enjoy your day.
BANK & BONDHOLDERS


Bravo & well done – I shall refer a case shortly
ESTATE AGENT


That’s good news to hear hope everything will be fine with my application for EXTENDED RATES with my attorney since I’m still waiting for reply after he told me to pay for R2500 so that the house would be registered on my name will let you how are things going
Thanks again for good news
CONTROL DESK AGENT


Congratulations!
PROPERTY DEVELOPER


My friend was about to loose the property he bought on Auction because of high and incorrect Municipal charges which included 2 previous owners debts included on the Clearance Figures issued by Ekurhuleni. We tried our level best to resolve it ourselves to no avail until we came across New Ventures Consulting. The Clearance Figures were recalculated by New Ventures and the correct amount was paid. Before we employed New Ventures some officials tried to inject fear telling lies against these experts. Today we are a living testimony and their services is guaranteed. Thank you New Ventures and keep helping the ordinary people like us.

PROPERTY OWNER


 

 

 

 

 

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