Sundays River Valley Municipality v Cinzaco 180 (Pty) Ltd (2864/12)
Sundays River Valley Municipality v Cinzaco 180 (Pty) Ltd (2864/12) [2013] ZAECPEHC 24 (14 March 2013)
The court found that the Addo Land Availability Agreement was concluded without compliance with the statutory and regulatory requirements for the disposal of municipal property, including the absence of council and Bid Adjudication Committee resolutions, lack of a supply chain management policy, and inadequate public notification and participation. The affidavits of the applicant's officials were accepted as sufficiently based on personal knowledge and investigation, not inadmissible hearsay. The respondent's estoppel argument was rejected, as estoppel cannot be used to sanction an illegality…
Source excerpt
- Municipal Finance Management Act
- Invalidity Of Municipal Contracts
- Public Participation Requirements
- Asset Transfer Regulations
- Hearsay Evidence In Motion Proceedings
- Restitution Of Deposit