South Africa Case Law

Westville Ratepayers Association v Ethekwini Municipality and Another (D5773/2023)

Westville Ratepayers Association v Ethekwini Municipality and Another (D5773/2023) [2025] ZAKZDHC 34 (13 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5773/2023

Judge

Kuzwayo AJ

The court found that the Municipality was not obliged to comply with all relevant legislation simultaneously when promulgating property rates for the financial years 2005/2006 to 2008/2009. The MFMA prevailed over the Transition Act where inconsistent, and the Municipality was entitled to elect which empowering legislation to follow. The applicant failed to prove on a balance of probabilities that the Municipality was obliged and failed to comply with all relevant legislation. Both parties failed to provide sufficient documentary evidence, and the investigation report on which the application…

Source excerpt

• Municipal Property Rates
• Local Government Compliance
• Promulgation Of Rates
• Declaratory Relief
• Publication Requirements

Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000)

Keith Kirsten's (PTY) Limited v Weltevrede Nursery (PTY) Limited and Another (554/2000) [2002] ZAWCHC 18; [2002] 3 All SA 624 (C); 2002 (4) SA 756 (C) (22 April 2002)

Court

Western Cape High Court, Cape Town

Case number

554/2000

Judge

Desai

The High Court held that Keith Kirsten's had a valid Plant Breeders' Right in Canna Phasion, found infringement by Weltevrede Nursery, and awarded statutory damages and costs.

• Plant Breeders Rights
• Breeder Definition
• Statutory Compliance
• Damages For Infringement
• Publication Requirements
• Plant-breeders-rights