Thabo Mofutsanyana District Municipality v Rudnat Projects CC (3332/2008)
Thabo Mofutsanyana District Municipality v Rudnat Projects CC (3332/2008) [2012] ZAFSHC 206 (12 November 2012)
The court found that the applicant's proposed amendment introduced a new claim for the delivery of returns, which was not recognisable in the original summons that sought payment of estimated levies. The original claim was based on statutory entitlement to recover levies, while the amendment sought to enforce a statutory duty to submit returns, relying on different statutory provisions and causes of action. The court held that the powers of the council and Commissioner to determine liability and collect levies were curtailed by section 12(1B) of the Regional Services Councils Act and section…
Source excerpt
- Regional Services Councils Act
- Prescription
- Statutory Liability
- Amendment Of Pleadings
- Expiry Periods
- Levy Collection