Kalil N.O. and Others v Mangaung Metropolitan Municipality (2060/2013) [2014] ZAFSHC 47 (20 March 2014)

Kalil N.O. and Others v Mangaung Metropolitan Municipality (2060/2013) [2014] ZAFSHC 47 (20 March 2014)

The court found that the issues raised regarding statutory compliance and interpretation of the Local Government: Municipal Property Rates Act and the Local Government: Municipal Systems Act are of national interest and may affect other municipalities and the public. Given the possibility that another court may interpret the relevant statutory provisions differently, leave to appeal should be granted in respect of the declaratory relief sought by the applicants. The relief regarding the prohibition of the adoption of the municipal tax resolution was rendered moot by the respondents' subsequent actions and was not considered for appeal.

Citation
[2014] ZAFSHC 47
Parties
Applicant: Paul Anthony Kalil N.O.; Applicant: Wilhelmina Cecelia Kalil; Applicant: Stephanus Abraham Cloete Bezuidenhout; Applicant: Broll Property Group (Pty) Ltd; Respondent: Mangaung Metropolitan Municipality; Respondent: Member of the Executive Council for Local Government, Free State Province; Respondent: Mayor of the City of Mangaung Metropolitan Municipality; Respondent: Municipal Manager of the City of Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 March 2014
Case Number
2060/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 29 May 2013.
Outcome
Leave to appeal granted to the Supreme Court of Appeal. Costs to be costs in the appeal.
Judges
Naidoo
Legal Topics
Municipal Property Rates, Statutory Compliance, Local Government Regulation
Administrative Law Land and Property Municipal Property Rates Statutory Compliance Local Government Regulation

Case Brief

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Parties

Paul Anthony Kalil N.O.

Applicant

Wilhelmina Cecelia Kalil

Applicant

Stephanus Abraham Cloete Bezuidenhout

Applicant

Broll Property Group (Pty) Ltd

Applicant

Mangaung Metropolitan Municipality

Respondent

Member of the Executive Council for Local Government, Free State Province

Respondent

Mayor of the City of Mangaung Metropolitan Municipality

Respondent

Municipal Manager of the City of Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 29 May 2013.

Legal Issues

  1. 1 Whether the first respondent complied with statutory requirements and procedures in imposing a rate of 3.80 on business, industrial and commercial properties.
  2. 2 Whether the first respondent is obliged to comply with section 19(1)(b) of the Local Government: Municipal Property Rates Act 6 of 2004 and related regulations in future.
  3. 3 Whether leave to appeal should be granted in respect of the statutory interpretation issues.

Ratio Decidendi

The court found that the issues raised regarding statutory compliance and interpretation of the Local Government: Municipal Property Rates Act and the Local Government: Municipal Systems Act are of national interest and may affect other municipalities and the public. Given the possibility that another court may interpret the relevant statutory provisions differently, leave to appeal should be granted in respect of the declaratory relief sought by the applicants. The relief regarding the prohibition of the adoption of the municipal tax resolution was rendered moot by the respondents' subsequent actions and was not considered for appeal.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal. Costs to be costs in the appeal.

Orders

  • The applicants are granted leave to appeal to the Supreme Court of Appeal.
  • The costs of this application are to be costs in the appeal.