Prosch and Others v Impala Water Users Association (428/05)
Prosch and Others v Impala Water Users Association (428/05) [2006] ZASCA 171 (28 September 2006)
The Supreme Court of Appeal held that the appellants' defences based on the alleged failure to produce a proper assessment roll were unfounded, as compliance with clause 18 of the constitution was not a prerequisite for liability or for instituting proceedings to recover charges. The respondent was entitled to raise water use charges to pay debts lawfully incurred, including those arising from the dam financing component and the term loan agreement with First Rand Bank Ltd, which had been ratified by the management committee. The power to assess charges extended to anticipated future expendit…
Source excerpt
- Water Use Charges
- National Water Act
- Constitution Of Water User Association
- Assessment Roll Requirements
- Set Off Of Liquidated Claims
- Dam Financing Component