New home owners not liable for historical debt, ConCourt rules
29 August 2017
Cape Town – The Constitutional Court on Tuesday ruled that new home owners are not liable for historical debt taken over from previous owners.
Municipalities such as Tshwane, eThekwini and Ekurhuleni – as well as the cooperative and governance minister - argued against a landmark high court judgment in 2016, which made a similar ruling.
The high court application saw property owners take on Tshwane and Ekurhuleni for cutting municipal services to new home owners who had inherited historical debt.
"The applicants complained that they faced darkness, having no electricity, and many other inhumane conditions because they bought property whose previous owners failed to meet their obligations to the municipality," the court explained in a media briefing.