High Court denies Johannesburg's appeal on educational property rates

THE Gauteng High Court, Johannesburg, has turned down an application by the City of Johannesburg following the court's earlier declaration that the municipality's rates policy is unlawful and constitutionally invalid to the extent that it regulated the categorisation and rating of educational properties.

- ZELDA VENTER

The ruling issued by the court earlier this year follows the city's removal of a property category that applied to educational institutions, and adopted a property rates by-law and policy that categorised private schools as public enterprises.

This led to a drastic increase in property rates and taxes for private schools and other educational institutions.

Various stakeholders, including Curro Holdings, the Independent Schools Association of South Africa, and AfriForum, launched the application following the drastic school rate increase.

The court found that the city’s public participation process in adopting the 2023/2024 property rates policy was inadequate and did not meet constitutional and statutory requirements.

It further found that the metro failed to meaningfully consult with stakeholders, including independent schools, ignored the best interests of scholars, and thereby violated the Constitution.