Boshoff v Nketoana (LA129/2003) [2004] ZAFSHC 55 (7 June 2004)

Boshoff v Nketoana (LA129/2003) [2004] ZAFSHC 55 (7 June 2004)

The Court found that the main application and the order granted pertained solely to the 2002/2003 financial year, and any ambiguity could be resolved by a minor amendment. The respondent's main argument regarding the applicability of section 93(9) of Act 117 of 1998 was rejected, as there was no evidence that the valuation roll used was provisional in the statutory sense. The Court was not persuaded by any new arguments and concluded that the respondent did not have reasonable prospects of success on appeal. The application for leave to appeal was therefore dismissed with costs, including the costs of two counsel.

Citation
[2004] ZAFSHC 55
Parties
Applicant: Christiaan Hendrik Boshoff; Respondent: Nketoana Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
7 June 2004
Case Number
LA129/2003
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment in Main Application
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsel.
Judges
Malherbe J.P., Hattingh J
Legal Topics
Ultra Vires Local Authority, Levying of Rates, Valuation Rolls, Municipal Powers
Administrative Law Land and Property Ultra Vires Local Authority Levying of Rates Valuation Rolls Municipal Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Christiaan Hendrik Boshoff

Applicant

Nketoana Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment in Main Application

Legal Issues

  1. 1 Whether the order declaring the imposition of rates ultra vires was overly broad and constituted a continuing order.
  2. 2 Whether section 93(9) of Act 117 of 1998 applied to the facts regarding the valuation roll used for levying rates.
  3. 3 Whether the respondent has reasonable prospects of success on appeal.

Ratio Decidendi

The Court found that the main application and the order granted pertained solely to the 2002/2003 financial year, and any ambiguity could be resolved by a minor amendment. The respondent's main argument regarding the applicability of section 93(9) of Act 117 of 1998 was rejected, as there was no evidence that the valuation roll used was provisional in the statutory sense. The Court was not persuaded by any new arguments and concluded that the respondent did not have reasonable prospects of success on appeal. The application for leave to appeal was therefore dismissed with costs, including the costs of two counsel.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsel.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the respondent, including the costs consequent upon the employment of two counsel.