South Africa Case Law

Uniqon Wonings (Pty) Ltd v City of Tshwane Metropolitan Municipality (6715/2008)

Uniqon Wonings (Pty) Ltd v City of Tshwane Metropolitan Municipality (6715/2008) [2014] ZAGPPHC 162 (4 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

6715/2008

Judge

H J Fabricius

The court held that s. 10G(7) of the Local Government Transition Act conferred a free-standing competence on municipalities to levy property rates, not limited to a specific financial year. The relevant statutory regime did not require rates to be promulgated only for one financial year, nor did rates automatically terminate at the end of a financial year. The resolution of Kungwini Local Municipality to levy rates at 0,02 cent in the rand remained valid and enforceable for the period in question. The court found that the defendant was entitled to levy and recover property rates in the Bronbe…

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• Municipal Property Rates
• Local Government Transition Act
• Statutory Compliance
• Assessment Rate Tariff

Badenhorst NO and Others v Moqhaka Municipality (744/2013)

Badenhorst NO and Others v Moqhaka Municipality (744/2013) [2013] ZAFSHC 163 (13 September 2013)

Court

Free State High Court, Bloemfontein

Case number

744/2013

Judge

H. Murray

The court found that the respondent municipality failed to comply with statutory requirements for the lawful imposition of siding tariffs, including proper council resolutions, publication, and community participation as required by the Local Government Transition Act and subsequent legislation. The 28 November 2000 resolution was retrospective and ultra vires, and no valid policy or resolution existed to authorise the continued levying of tariffs after 2003. The municipality did not provide evidence of lawful determination, publication, or collection procedures for the tariffs, nor did it de…

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• Municipal Tariffs
• Ultra Vires
• Public Participation
• Local Government Transition Act
• Retrospective Levying
• Credit Control Policy

Liebenberg NO and Others v Bergrivier Municipality (737/2011)

Liebenberg NO and Others v Bergrivier Municipality (737/2011) [2012] ZASCA 153; [2012] 4 All SA 626 (SCA) (1 October 2012)

Court

Supreme Court of Appeal

Case number

737/2011

Judges

Nugent, Lewis, Bosielo, Theron, Wallis

The Supreme Court of Appeal held that s 10G(7) of the Local Government Transition Act remained operative until 2011 due to the transitional provisions in the Finance Act and the Rates Act. The Municipality was empowered to levy rates under s 10G(7) throughout the relevant period, and the procedures for levying rates were governed by the Finance Act after its commencement. The court found that the Municipality substantially complied with the statutory requirements for notice, objection, and public participation, and that any administrative shortcomings did not invalidate the rates. The rates i…

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• Municipal Rates
• Local Government Transition Act
• Substantial Compliance
• Public Participation
• Constitutional Powers Of Municipalities
• Retrospective Rating

Kungwini Local Municipality v Silver Lakes Homeowners Association and Another (220/07)

Kungwini Local Municipality v Silver Lakes Homeowners Association and Another (220/07) [2008] ZASCA 83; 2008 (6) SA 187 (SCA); [2008] 4 All SA 314 (SCA); 70 SATC 205 (2 June 2008)

Court

Supreme Court of Appeal

Case number

220/07

Judges

Streicher, Mthiyane, Van Heerden, Snyders, Mhlantla

The Supreme Court of Appeal held that the Municipality's resolution of 29 June 2004 approving the rates increase for the Bronberg area was intra vires the enabling legislation and did not violate the principle of legality, as objections were considered during the public participation process. However, the local authority notice published on 28 July 2004 failed to comply with section 10G(7) of the Local Government Transition Act, as it did not specify the effective date of the rates increase and allowed implementation before the objection period expired. This deprived ratepayers of a meaningfu…

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• Municipal Rates
• Local Government Transition Act
• Public Participation
• Legality Principle
• Notice Requirements
• Retrospective Levying

Howick District Landowners Association v Umngeni Municipality and Others (423/05)

Howick District Landowners Association v Umngeni Municipality and Others (423/05) [2006] ZASCA 153; [2007] 1 All SA 139 (SCA); 2007 (1) SA 206 (SCA); 69 SATC 51 (21 September 2006)

Court

Supreme Court of Appeal

Case number

423/05

Judges

Zulman JA, Cameron JA, Lewis JA, Maya JA, Theron AJA

The Supreme Court of Appeal held that the Umngeni Municipality had the authority under section 10G of the Local Government Transition Act to impose rates on previously unrated properties prior to the commencement of the Municipal Property Rates Act. The repealing provision in the Municipal Finance Management Act only took effect on 1 July 2005, after the council's December 2004 resolution. The reference to the wrong statutory provision in the council's resolution was a technical error and did not invalidate the rates assessment, as the council's intent and authority were clear. The procedures…

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• Municipal Rating Powers
• Local Government Transition Act
• Valuation Rolls
• Statutory Interpretation
• Rates Assessment
• Constitutional Authority

Metro Projects CC and Another v Klerksdorp Local Municipality and Others (602/2002)

Metro Projects CC and Another v Klerksdorp Local Municipality and Others (602/2002) [2003] ZASCA 91; [2004] 1 All SA 504 (SCA); 2004 (1) SA 16 (SCA) (22 September 2003)

Court

Supreme Court of Appeal

Case number

602/2002

Judges

Zulman, Farlam, Nugent, Conradie, Heher

The Supreme Court of Appeal found that the tender process was fundamentally unfair. A municipal official allowed the ninth respondent to augment its tender after the closing date and concealed this from the decision-making committee. The committee was misled into believing that the augmented offer was the original tender. This deception undermined the fairness and transparency required by law and prejudiced all other tenderers. The court held that the process lost its essential attribute of fairness, as mandated by the Local Government Transition Act and the Promotion of Administrative Justic…

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• Fair Tender Procedure
• Promotion Of Administrative Justice Act
• Preferential Procurement Policy Framework Act
• Local Government Transition Act
• Municipal Tender Award
• Procedural Fairness

Ebersohn v Local Transitional Council of Cullinan (254/97)

Ebersohn v Local Transitional Council of Cullinan (254/97) [1998] ZASCA 89 (28 September 1998)

Court

Supreme Court of Appeal

Case number

254/97

Judges

Hefer, Smalberger, Schutz, Plewmann, Ngoepe

The Supreme Court of Appeal held that the appellant was not dismissed by the transition proclamation and was not entitled to retrenchment benefits.

• Local Government Transition Act
• Redundancy And Retrenchment
• Municipal Pension Fund
• Contractual Entitlement
• Disciplinary Proceedings
• Local-government-transition

Fedsure Life Assurance Ltd. and Others v Greater Johannesburg Transitional Metropolitan Council and Others (328/97)

Fedsure Life Assurance Ltd. and Others v Greater Johannesburg Transitional Metropolitan Council and Others (328/97) [1998] ZASCA 14; 1998 (2) SA 1115 (SCA); [1998] 2 All SA 325 (A); 1998 (6) BCLR 671 (SCA) (23 March 1998)

Court

Supreme Court of Appeal

Case number

328/97

Judges

Mahomed, Van Heerden, Olivier, Zulman, Melunsky

The Supreme Court of Appeal determined that it lacked jurisdiction to adjudicate the merits of the appeal because section 101(5) of the interim Constitution expressly excluded its jurisdiction over matters falling within the Constitutional Court's domain, including challenges to administrative actions on constitutional grounds. The Court found no ambiguity in section 17 of Schedule 6 to the new Constitution, which required pending proceedings to be disposed of under the interim Constitution unless the interests of justice required otherwise. No special circumstances justified deviation. The l…

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• Local Government Transition Act
• Interim Constitution Jurisdiction
• Administrative Action Review
• Locus Standi
• Property Rates
• Costs Orders