29 Aug 2017

THE MUNICIPAL DEBT SPECIALIST – NEW VENTURES CONSULTING & SERVICES DECLARED VICTORIOUS IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA

The Constitutional Court today handed down a landmark judgment that will have a profound impact on the South African property market and all the role players in it.

New Ventures Consulting and Services (Pty) Ltd trading as the Municipal Debt Specialists (“MDS”), a company specializing in the analysis and verification of municipal debts, initiated, drove and paid for ALL litigation when it became apparent that several Municipalities, specifically Ekurhuleni Metropolitan Municipality (“Ekurhuleni”) and the City of Tshwane Metropolitan Municipality (“Tshwane”), were attempting to hold several of their clients liable for the previous owners debts.

MDS objected to this approach as it believed that these Municipalities had misinterpreted the law and that their approach was patently unfair.

The Constitutional Court vindicated MDS’s concerns today when it held that the Municipality’s security in terms of s118(3) of the Local Government: Municipal Systems Act 32 of 2000 does not survive transfer of the property to a new owner.

Practically, this means that the Municipalities must collect monies owed to it from the entity and/or owner of the property timeously and, if it wishes to rely on the property as security, this must occur prior to transfer of the property to a new owner.

It is important to note that Municipalities do not lose their claim on transfer but only their security for their claim.

The entity and/or owners of the property at the time that the debt was incurred remain liable for the debt to the Municipality regardless of whether the property is subsequently sold.

Today’s judgment has settled a long-standing controversy over the approach adopted by the Municipalities.

  1. click here to view the ConCourts’_Judgment cases-cct-283-16-293-16-294-16-new_ventures_jordaan_historical_municipal_debt.pdf

  2. click here to view the ConCourts’ media release

  3. click here to view Summary of Media Coverage of the ConCourt Judgment Media, ie Television, Radio, Articles, Publications, Newspapers etc

 

SABC News: Municipal Debt Specialist Declared Victorious

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28 Aug 2017

2017 08 28 ConCourt Tweet

We will advise the public as soon as the Judgment is handed down tomorrow morning…

24 May 2017

UPDATE:

The Constitutional Court of South Africa heard all the parties’ argument regarding historical debts on property. Our legal team led by our 2 senior advocates, David Unterhalter and Linda Putter were excellent in their submissions and our contentions were well founded. This judgment has been reserved and we await the Constitutional Courts’ decision.

click here to view a printable version of  the Constitutional Courts’ Media Release

18 May 2017

click here to view a printable version of this article / press release

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The confirmation that it is unlawful to hold new owners liable for previous owners/tenants debts will be determined in the Constitutional Court on 23 May 2017 before a FULL PANEL OF 11 JUDGES. 18 advocates will represent the various parties (click here to see all the parties), which include 3 amici curiae (a friend of the court). The Banking Forum of South Africa most notably, make no secret of how their security and ability to finance loans will be affected by this decision.

NVC is the driving force of this landmark court case!

We have carried this entire legal battle on behalf of our clients since 2013 at our own risk and cost. Our service includes an indemnity of protection to our clients when we challenge and reduce Municipal claims (i.e. clearance figures/certificates).

The entire country will be affected by this outcome. Municipalities and ordinary ratepayers will now know their rights.

This will now come to an end!

NVC is committed to perfecting Municipal Governance!

We are a family owned business with high morals and principles. We believe that the justice system will end this nightmare. Everybody’s prayers and support will be greatly appreciated.

Please do not hesitate to contact us. We will keep the public advised and updated via:

Our Facebook Page:    https://www.facebook.com/livanosgroupnvc

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27 March 2017 PRESS RELEASE: THE CONSTITUTIONAL COURT OF SOUTH AFRICA SET TO BRING FINALITY ON HISTORICAL MUNICIPAL DEBT ON PROPERTY

 Comments:

Hi Peter
I salute you my friend. It is people like you that give this country a viable future. Your commitment is remarkable and I hope you succeed for us all. Keep up your great work and I look forward to the conclusion of this ”David and Goliath” standoff. Let justice win because someone actually stood up, as David in the bible story said ‘IS THERE NOT A CAUSE’!!
ESTATE AGENT

 

Thank you so much for the update Mr. Livanos. Crossing fingers for the 23rd May 2017. Regards
FINANCE HOUSE

 

Hi Peter, Thank you for the emails from your company.  Please continue to send it to me as I find it to be extremely informative and interesting……Well, all that I can say is that I wish there were more of your kind.  All of the best and trust me, I am watching this space with great anticipation.
ATTORNEY

Fraud committed by Tshwane municipal staff and druglords leaving me with R 180000.00 outstanding on residential property, with no recourse.
RATEPAYER

Good luck Peter. Such an important issue to resolve!
COMMERCIAL BROKER

Thank you so much for the update Mr. Livanos. Crossing fingers for the 23rd May 2017.
FINANCE HOUSE

Whatever the outcome, I believe you have a strong case and there will be a favourable outcome. It takes a lot of courage and strength to stand up to these guys so well done. This will be a victory! Prayers have been sent.
ATTORNEY

GOOD LUCK
ATTORNEY

Thanks for the update, and I am glad to see that someone is fighting in our corner, It is extremely frustrating that the council holds the owner liable for outstanding debt, even though it is in the tenants name, I would assume that if payments are not made, that the water should be disconnected, and not just continue to run into thousands of rands, Lets hold thumbs, please keep me updated
PROPERTY OWNER

Hi Peter, Just a short note wishing you well in the application being heard on the 23rd.
ATTORNEY

Hi Peter, Thank you for the updates in this regard. It is truly ground breaking and we are all praying for a favourable outcome. Please keep us advised. Much appreciated,
BANK

Peter, keep up the outstanding effort you are doing for everyone’s benefit, except the Municipalities.  We pray you will prevail.
AGENT