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Constitutional Law [2001] ZACC 7

Member of the Executive Council for Local Government and Development Planning Western Cape and Another v Paarl Poultry Enterprises CC t/a Rosendal Poultry Farm (CCT38/01)

Member of the Executive Council for Local Government and Development Planning Western Cape and Another v Paarl Poultry Enterprises CC t/a Rosendal Poultry Farm (CCT38/01) [2001] ZACC 7; 2002 (2) BCLR 133 ; 2002 (3) SA 1 (CC) (14 December 2001)

The Constitutional Court held that the Member of the Executive Council (MEC) retained authority under section 10 of the Local Government Transition Act (LGTA) to enact Proclamation 52, including its savings provision, as section 10N(2) did not expressly remove such powers in respect of district councils. The Court found that district councils in the Western Cape were lawfully constituted under the applicable provincial proclamations until new regulations were enacted to provide for proportional representation, as required by the 1996 amendment to the LGTA. The failure to enact new regulations…

  • Ultra Vires
  • Local Government Transition
  • Retrospective Validation
  • Rule Of Law
  • Proclamation Powers
  • Declaratory Relief
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