Eedendrop (Pty) Ltd v Kouga Municipality (1774/2009)
Eedendrop (Pty) Ltd v Kouga Municipality (1774/2009) [2010] ZAECPEHC 36 (22 June 2010)
The court found that the agreement between the applicant and the respondent was invalid and of no force and effect due to material non-compliance with statutory requirements. Specifically, the parties failed to comply with the mandatory publication and tender procedures set out in sections 172 and 173 of the Municipal Ordinance, which are designed to ensure transparency and fairness in municipal contracting. The formula for repayment to the applicant via a share of rates was incompatible with section 229(1)(a) of the Constitution, which prohibits the allocation of municipal rates to private p…
Source excerpt
- Municipal Contracts
- Invalidity Due To Statutory Noncompliance
- Rates And Taxes
- Land Use Planning
- Procurement Regulation
- Budget Authorisation