Randburg Management District v West Dunes Properties (451/2013)
Randburg Management District v West Dunes Properties (451/2013) [2015] ZASCA 135; [2016] 1 All SA 59 (SCA); 2016 (2) SA 293 (SCA) (30 September 2015)
The Supreme Court of Appeal held that the Randburg CID was not lawfully established because the approval of its formation was made by the mayoral committee, not the municipal council itself. Section 160(2)(c) of the Constitution prohibits delegation of the power to impose rates, taxes, levies, and duties, and the Municipal Systems Act reinforces this prohibition. The appellant failed to provide documentary or direct evidence that the municipal council itself approved the CID plan. Even if delegation had occurred, it would have been unlawful. Furthermore, the levies imposed by the CID were not…
Source excerpt
- Delegation Of Municipal Powers
- City Improvement Districts
- Levies And Rates
- Constitutional Limitations On Local Government
- Gauteng City Improvement Districts Act
- Municipal Systems Act