Emalahleni Local Municipality and Another v Propark Association and Another (089/2012)
Emalahleni Local Municipality and Another v Propark Association and Another (089/2012) [2012] ZASCA 177; [2013] 1 All SA 277 (SCA) (29 November 2012)
The Supreme Court of Appeal held that the first appellant failed to comply with the mandatory statutory requirements for alienating and closing the public open space. Specifically, there was no evidence of compliance with section 79(18) of the Local Government Ordinance or section 14 of the MFMA prior to the sale and transfer of the property. The procedures for public participation and notification to abutting owners prescribed by section 67 and 68 of the Ordinance were not followed. The resolutions to invite tenders and accept the second appellant's tender were preparatory acts and did not c…
Source excerpt
- Promotion Of Administrative Justice Act
- Municipal Finance Management Act
- Local Government Ordinance
- Public Participation
- Alienation Of Municipal Property
- Closure Of Public Open Space