The Thembalethu Circuit High Court has affirmed the Knysna Local Municipality's right to impose service tariffs on Grey Elephant Investment, the owner of Knysna Mall, rejecting claims of unlawful charges and reinforcing the municipality's authority in managing local services.
The Thembalethu Circuit High Court has upheld the Knysna Local Municipality's (KLM) authority to impose service tariffs on Grey Elephant Investment (GEI), the owner of Knysna Mall.
The court found that the municipality's tariff policies are lawful, rejecting GEI's claims that the charges were unlawful and inconsistent with existing by-laws and the Local Government Municipal Systems Act.
According to court papers, GEI, having been one of the municipality’s top business debtors, is one of the largest consumers of water in the municipality, averaging around 1,537 kilolitres per month.
GEI sought the court's decision that the Tariff Policies (TP) by the municipality, in terms of which it levies service charges, are unlawful and ultra vires its By-Laws and the Local Government Municipal Systems Act (the Systems Act).
