Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021)
Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021) [2022] ZASCA 93; [2022] 3 All SA 675 (SCA); 2022 (6) SA 106 (SCA) (17 June 2022)
The Supreme Court of Appeal held that the impugned municipal by-laws, which imposed an embargo on the registration of transfer of immovable property unless certain municipal requirements were met, exceeded the legislative competence of municipalities under s 156 of the Constitution. The by-laws regulated the transfer and registration of property, a function reserved for national government and governed by the Deeds Registries Act and national legislation. The court found that the by-laws were not authorised by the SPLUMA or the Systems Act, and that they conflicted with s 118 of the Systems A…
Source excerpt
- Municipal Legislative Competence
- Arbitrary Deprivation Of Property
- Spatial Planning And Land Use Management
- By Law Validity
- Conflict With National Legislation
- Deeds Registration