Blue Grass Estates (Pty) Ltd. en Andere v Minister van Landbou en Andere (279/90)
Blue Grass Estates (Pty) Ltd. en Andere v Minister van Landbou en Andere (279/90) [1991] ZASCA 119; 1992 (4) SA 406 (AD); [1991] 1 All SA 319 (A) ; [1992] 1 All SA 215 (A) (24 September 1991)
The court held that the levies imposed by the Dairy Board under Government Notice R300 were ultra vires because the necessary decisions and approvals were taken before the amendments to the scheme (which authorised such levies) came into force. The enabling statute and scheme did not permit retrospective authorisation, and the simultaneous publication of the amendments and levies could not cure the prior lack of authority. Only those levies specifically dependent on the new authorisation were invalid; valid levies in the same notice were not affected. The Board's method of decision-making by…
Source excerpt
- Ultra Vires
- Statutory Interpretation
- Administrative Procedure
- Levies And Taxes