Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (2885/2016)
Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (2885/2016) [2023] ZALMPPHC 103 (1 November 2023)
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is inconsistent with the Constitution because it authorises traditional councils, which are not democratically elected, to impose compulsory levies or taxes on community members. The Constitution reserves the power to impose taxes and levies to democratically elected institutions at national, provincial, or municipal level. The dominant purpose of section 25 is to raise revenue for traditional councils, making the charge a tax. Customary law does not support compulsory levies; it only permits voluntary contributio…
Source excerpt
- Levies By Traditional Authorities
- Customary Law Consultation
- Constitutional Invalidity
- Limpopo Traditional Leadership And Institutions Act
- Money Bill Powers