Kosmos Ridge Homeowners' Association v Madibeng Local Municipality and Others (30085/09)
Kosmos Ridge Homeowners' Association v Madibeng Local Municipality and Others (30085/09) [2020] ZAGPPHC 565; 2022 (2) SA 207 (GP) (1 October 2020)
The court found that the relief sought by the applicant, namely an order compelling the Minister of Finance to ring-fence funds for the construction of a sewerage plant, is incompetent in law. The constitutional and statutory framework establishes the autonomy of municipalities and restricts intervention by national government to specific circumstances, notably section 139 of the Constitution, which was not applicable in this case. The powers of the National Treasury under the MFMA are limited to monitoring and, in cases of breach, stopping funds, not reallocating or ring-fencing them for par…
Source excerpt
- Municipal Autonomy
- Contempt Of Court
- Division Of Revenue Act
- Mandamus
- Constitutional Separation Of Powers
- Local Government Finance