Matsepe and Another v Minister of Finance and Others (10139/2022)
Matsepe and Another v Minister of Finance and Others (10139/2022) [2022] ZAGPPHC 824 (1 November 2022)
The court found that Regulation 6(c) of the Municipal Investment Regulations applies exclusively to municipalities, municipal entities, and their investment managers, not to third parties such as the First Applicant. The First Applicant is not threatened by coercive action under Regulation 6(c), and thus cannot raise a collateral challenge. The criminal charges against the First Applicant are based on POCA and PRECCA, focusing on corruption and money laundering, and are not dependent on the validity of Regulation 6(c). The applicants failed to establish locus standi and did not bring the appl…
Source excerpt
- Municipal Investment Regulations
- Collateral Challenge
- Locus Standi
- Promotion Of Administrative Justice Act
- Principle Of Legality