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South Africa Case Law

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Constitutional Law [2013] ZACC 30

Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (CCT11/13)

Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (CCT11/13) [2013] ZACC 30; 2013 (11) BCLR 1217 (CC) (5 September 2013)

Court
Constitutional Court
Case number
CCT11/13
Judges
Froneman, Bosielo, Jafta, Khampepe, Mhlantla, Nkabinde, Skweyiya, Zondo

The Constitutional Court held that section 195 of the Constitution does not create an independent right to demand an account from the Municipality. The applicants' claim for a constitutional duty to account is not supported by the Constitution or legislation. Remedies for alleged overpayments are available through ordinary civil proceedings and statutory mechanisms for access to information. The applicants have already instituted a separate action for repayment, and all necessary information is available or obtainable through existing procedures. There is no reasonable prospect of success on…

Source excerpt

  • Municipal Accountability
  • Leave To Appeal
  • Rezoning And Subdivision
  • Capital Contributions
  • Duty To Account
  • Access To Information
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Land And Property [2012] ZASCA 206

Saldanha Bay Municipality v Britannia Beach Estate (Pty) Ltd (769/11)

Saldanha Bay Municipality v Britannia Beach Estate (Pty) Ltd (769/11) [2012] ZASCA 206 (30 November 2012)

Court
Supreme Court of Appeal
Case number
769/11
Judges
Cloete, Tshiqi, Erasmus, Swain, Mbha

The Supreme Court of Appeal held that the conditions requiring payment of capital contributions, imposed under section 42 of LUPO and referencing the applicable tariff (R35 or R55), were binding on both the municipality and the respondents. The revocation of resolution R43 did not affect the enforceability of these conditions, as the tariff was incorporated into the approvals themselves and could only be amended through the procedure prescribed in section 42(3) of LUPO, which was not followed. The respondents accepted the conditions and did not appeal or seek review at the relevant time. The…

Source excerpt

  • Municipal Tariffs
  • Capital Contributions
  • Land Use Planning Ordinance
  • Review Of Administrative Action
  • Enforceability Of Conditions
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Administrative Law [2011] ZAWCHC 253

Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (14190/2010)

Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (14190/2010) [2011] ZAWCHC 253 (6 June 2011)

Court
Western Cape High Court, Cape Town
Case number
14190/2010
Judge
Cloete

The court found that the tariff for capital contributions set out in resolutions R43/12/07 and R35/6/07 was rescinded by resolution R105/1-10, rendering the new tariff of no force and effect. The respondent's continued levying of contributions under the rescinded tariff was unlawful. The court held that, while no private law trust duties arise, the municipality's statutory obligation of openness and transparency requires it to account to the applicants for sums overpaid under the unlawful tariff. The applicants are entitled to an account of all overpayments made in respect of capital contribu…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Municipal Tariffs
  • Capital Contributions
  • Local Government Powers
  • Rezoning And Subdivision
  • Fiduciary Duties Of Municipalities
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.