South Africa Case Law

CDA Boerdery (Edms) Bpk en Andere v Nelson Mandela Metropolitan Municipality (526/05)

CDA Boerdery (Edms) Bpk en Andere v Nelson Mandela Metropolitan Municipality (526/05) [2007] ZASCA 1; 2007 (4) SA 276 (SCA); 69 SATC 177 (6 February 2007)

Court

Supreme Court of Appeal

Case number

526/05

Judges

MPATI, CAMERON, MTHIYANE, CONRADIE, THERON

The majority held that the requirement for Premier's approval under section 82(1)(a) of the Municipal Ordinance was impliedly repealed by the constitutional transition and the enactment of the Local Government Transition Act. The new constitutional order conferred independent status and original powers on municipalities, rendering the old approval requirement incompatible with the enhanced autonomy of local government. The municipality was therefore not obliged to obtain the Premier's approval for rates above two cents in the Rand. The court further found that the rates imposed were not arbit…

Source excerpt

• Municipal Property Rates
• Implied Repeal
• Constitutional Transition
• Valuation Of Property
• Premier Approval Requirement