Reviews and sets aside two valuation rolls and orders the metro to repay Copperleaf some of the rates it paid.
The Supreme Court of Appeal has dismissed with costs a Tshwane Metropolitan Municipality application to review and set aside a 2020 high court judgment that declared its recategorisation of certain properties at Copperleaf Golf and Country Estate in Centurion unlawful, and set aside some aspects of its valuation roll.
She said this question has material implications for each party because the rates charges for the affected properties, if categorised as “vacant land” under the relevant rate policies, are more than double the rates charges for those properties if they are categorised as “business/commercial”.
The same steps were taken in 2007 in respect of Copperleaf’s second property, Peach Tree Extension 2. The substitution of title by Copperleaf consequently had the effect that the erven in Peach Tree 2 were no longer to be classified “business/commercial” but categorised as “vacant land”, and it amended its valuation rolls accordingly.
It said the legal effect of the CRT was that the properties could no longer be considered part of the township developer’s “stock” for rates purposes.The SCA dismissed this argument, stating that, on a proper interpretation of the Tshwane metro’s rates policy, the purpose of the definition of the “business/commercial” category was to give township developers the benefit of the lower rates scale until they dispose of individual erven to third-party purchasers.
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