Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (14190/2010)
Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (14190/2010) [2011] ZAWCHC 253 (6 June 2011)
The court found that the tariff for capital contributions set out in resolutions R43/12/07 and R35/6/07 was rescinded by resolution R105/1-10, rendering the new tariff of no force and effect. The respondent's continued levying of contributions under the rescinded tariff was unlawful. The court held that, while no private law trust duties arise, the municipality's statutory obligation of openness and transparency requires it to account to the applicants for sums overpaid under the unlawful tariff. The applicants are entitled to an account of all overpayments made in respect of capital contribu…
Source excerpt
- Promotion Of Administrative Justice Act
- Municipal Tariffs
- Capital Contributions
- Local Government Powers
- Rezoning And Subdivision
- Fiduciary Duties Of Municipalities