2 September 2025
Article
When protest payments pay off
In KwaDukuza Municipality v Consolidated Aone Trade and Invest 6 (Pty) Ltd and
Others (1273/2023) ZASCA 86 (11 June 2025), the Supreme Court of Appeal (SCA) was called upon
to decide whether payments made under protest are recoverable and whether or not a municipality is
entitled to retain funds paid for rates beyond the period set out in section 118(1) of the Municipal
Systems Act 32 of 2000 (Municipal Systems Act), to the extent that such payments are made under
protest and duress. The facts, legal reasoning and practical implications of this case are important
for anyone dealing with disputed municipal claims and/or considering whether to pay under protest.
Dispute Resolution7 min read
