Case 88/13234 Supreme Court Cape of Good Hope Division (1988-1991) (26 files, 3 boxes).

This was a test case in which the validity of a rent increase was challenged. The rent increase was determined by the House of Representatives and affected virtually all "Coloured" housing in the Western Cape. A new formula had been adopted in terms of which monthly rentals of tenants and bondholders were determined, but it was too complex for the average person to understand. A notice of assessment was sent to all stakeholders, but it was vaguely worded, adding to the confusion.

On behalf of a major Cape Town housing organisation, the LRC made strenuous representations to the minister to suspend implementation of the new formula. When this failed the housing association prevailed on the LRC to take on the matter as a test case seeking to set aside the rent increase of a particular individual on the basis inter alia that the notice of assessment did not afford a real choice between formulas although purporting to do so and that in the circumstances of the client's case the respondent had not afforded him the opportunity of a choice despite his conscientious efforts to do so. When the matter came before the court the court dismissed the application, stating that it was not a matter of procedure (administrative law), but a matter of contract law - the respondents had the power in terms of the lease agreements to increase the rent from time to time.

This item comprises 26 files:

Files 1-2: Correspondence and file notes.

Files 3-4: Briefs to counsel.

Files 5-16: Process and pleadings.

Files 17-21: Discovered material.

File 22: Statements and affidavits.

File 23: Opinions and memoranda.

Files 24-25: Original documentation.

File 26: Press clipping.