eThekwini Municipality v Ingonyama Trust (CCT 80/12) [2013] ZACC 7; 2013 (5) BCLR 497 (CC); 2014 (3) SA 240 (CC) (28 March 2013)

eThekwini Municipality v Ingonyama Trust (CCT 80/12) [2013] ZACC 7; 2013 (5) BCLR 497 (CC); 2014 (3) SA 240 (CC) (28 March 2013)

The Constitutional Court held that the applicant failed to provide a satisfactory and complete explanation for the delay in lodging the application for leave to appeal, and the explanation did not cover the entire period. The prospects of success were found to be lacking because the Ingonyama Trust is an organ of state administering land for the benefit of residents within the municipal area, satisfying the requirements of section 3(3)(a) of the Rating of State Property Act. The land is therefore exempt from municipal rates. Furthermore, the applicant failed to comply with statutory procedures for levying rates, including issuing required notices and compiling a valuation roll. The...

Citation
[2013] ZACC 7
Parties
Applicant: eThekwini Municipality; Respondent: Ingonyama Trust
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
28 March 2013
Case Number
CCT 80/12
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal to the Constitutional Court After Supreme Court of Appeal Judgment
Outcome
Applications for condonation and leave to appeal dismissed with costs.
Judges
Jafta, Mogoeng, Moseneke, Froneman, Khampepe, Mhlantla, Nkabinde, Skweyiya, Van der Westhuizen, Zondo
Legal Topics
Rating of State Property, Municipal Rates, Condonation, Leave to Appeal, Organ of State Definition, Trust Land
Constitutional Law Land and Property Civil Procedure Rating of State Property Municipal Rates Condonation Leave to Appeal Organ of State Definition +1 more

Case Brief

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Parties

eThekwini Municipality

Applicant

Ingonyama Trust

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal to the Constitutional Court After Supreme Court of Appeal Judgment

Legal Issues

  1. 1 Whether the delay in lodging the application for leave to appeal should be condoned.
  2. 2 Whether the land held by the Ingonyama Trust constitutes state property exempt from municipal rates under section 3(3)(a) of the Rating of State Property Act.
  3. 3 Whether the requirements for leave to appeal to the Constitutional Court are met, including prospects of success and interests of justice.

Ratio Decidendi

The Constitutional Court held that the applicant failed to provide a satisfactory and complete explanation for the delay in lodging the application for leave to appeal, and the explanation did not cover the entire period. The prospects of success were found to be lacking because the Ingonyama Trust is an organ of state administering land for the benefit of residents within the municipal area, satisfying the requirements of section 3(3)(a) of the Rating of State Property Act. The land is therefore exempt from municipal rates. Furthermore, the applicant failed to comply with statutory procedures for levying rates, including issuing required notices and compiling a valuation roll. The...

Court Disposition

Applications for condonation and leave to appeal dismissed with costs.

Orders

  • The applications for condonation and leave to appeal are dismissed with costs, including costs of two counsel where two were employed.