South Africa Case Law

Saldanha Bay Municipality v Britannia Beach Estate (Pty) Ltd (769/11)

Saldanha Bay Municipality v Britannia Beach Estate (Pty) Ltd (769/11) [2012] ZASCA 206 (30 November 2012)

Court

Supreme Court of Appeal

Case number

769/11

Judges

Cloete, Tshiqi, Erasmus, Swain, Mbha

The Supreme Court of Appeal held that the conditions requiring payment of capital contributions, imposed under section 42 of LUPO and referencing the applicable tariff (R35 or R55), were binding on both the municipality and the respondents. The revocation of resolution R43 did not affect the enforceability of these conditions, as the tariff was incorporated into the approvals themselves and could only be amended through the procedure prescribed in section 42(3) of LUPO, which was not followed. The respondents accepted the conditions and did not appeal or seek review at the relevant time. The…

Source excerpt

• Municipal Tariffs
• Capital Contributions
• Land Use Planning Ordinance
• Review Of Administrative Action
• Enforceability Of Conditions

Boart Longyear (a division of Anglo Operations Limited) and Huddy (Pty) Ltd / Huddy Rock Tools (Pty) Ltd (amended) (41/LM/Aug03)

Boart Longyear (a division of Anglo Operations Limited) and Huddy (Pty) Ltd / Huddy Rock Tools (Pty) Ltd (amended) (41/LM/Aug03) [2004] ZACT 27; [2004] 1 CPLR 210 (CT) (19 April 2004)

Court

Competition Tribunal

Case number

41/LM/Aug03

Judges

N. Manoim, D. Lewis, T. Orleyn

The Competition Tribunal refused to amend merger conditions, finding no patent error or common mistake under section 66 of the Competition Act.

• Merger Conditions
• Variation Of Order
• Section 66 Competition Act
• Agency Agreements
• Enforceability Of Conditions
• Merger-conditions