Premier of the Western Cape and Others v Overberg District Municipality and Others (801/201)
Premier of the Western Cape and Others v Overberg District Municipality and Others (801/201) [2011] ZASCA 23; 2011 (4) SA 441 (SCA); [2011] 3 All SA 385 (SCA) (18 March 2011)
The Supreme Court of Appeal held that section 139(4) of the Constitution does not impose a mandatory obligation on the provincial executive to dissolve a municipal council that fails to approve a budget before the start of the financial year. Rather, the section requires the executive to intervene by taking any appropriate steps to ensure approval of the budget, with dissolution being only one of several possible measures. The court found that the provincial executive retains discretion to determine the most suitable intervention, and that the council's authority to approve a budget is not au…
Source excerpt
- Provincial Executive Intervention
- Municipal Budget Approval
- Principle Of Legality
- Judicial Review Of Executive Action
- Interpretation Of Statutes
- Local Government Autonomy