Church's legal battle to keep its lights on fails

A CAPE TOWN church and company seeking urgent interim relief to prevent the City from disconnecting their water and electricity due to religious exemption under the Municipal Property Rates Act (MPRA) have had their application dismissed and been ordered to pay costs.

- GENEVIEVE SERRA

Following a judgment at the Western Cape High Court, Judges Nathan Erasmus and Acting Judge E Jonker, presided over the matter.

The applicants, referred to as Church X and company C, initially sought a declaratory order that their property qualified for a religious exemption under the MPRA, that the City's classification was unlawful and unfair, a direction to credit the municipal account, and costs.

According to court papers, the application was dismissed, and the applicants were ordered to pay the respondent's (city) costs, including the costs of two counsel.

When approached for comment, the City said: The Applicant sought a declaratory order that the City's conduct in classifying the property rating category and the levying of rates as unlawful, irrational and procedurally unfair, which was rejected by the Court."