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South Africa Case Law

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Administrative Law [2013] ZAFSHC 163

Badenhorst NO and Others v Moqhaka Municipality (744/2013)

Badenhorst NO and Others v Moqhaka Municipality (744/2013) [2013] ZAFSHC 163 (13 September 2013)

Court
Free State High Court, Bloemfontein
Case number
744/2013
Judge
H. Murray

The court found that the respondent municipality failed to comply with statutory requirements for the lawful imposition of siding tariffs, including proper council resolutions, publication, and community participation as required by the Local Government Transition Act and subsequent legislation. The 28 November 2000 resolution was retrospective and ultra vires, and no valid policy or resolution existed to authorise the continued levying of tariffs after 2003. The municipality did not provide evidence of lawful determination, publication, or collection procedures for the tariffs, nor did it de…

Source excerpt

  • Municipal Tariffs
  • Ultra Vires
  • Public Participation
  • Local Government Transition Act
  • Retrospective Levying
  • Credit Control Policy
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Administrative Law [2008] ZASCA 83

Kungwini Local Municipality v Silver Lakes Homeowners Association and Another (220/07)

Kungwini Local Municipality v Silver Lakes Homeowners Association and Another (220/07) [2008] ZASCA 83; 2008 (6) SA 187 (SCA); [2008] 4 All SA 314 (SCA); 70 SATC 205 (2 June 2008)

Court
Supreme Court of Appeal
Case number
220/07
Judges
Streicher, Mthiyane, Van Heerden, Snyders, Mhlantla

The Supreme Court of Appeal held that the Municipality's resolution of 29 June 2004 approving the rates increase for the Bronberg area was intra vires the enabling legislation and did not violate the principle of legality, as objections were considered during the public participation process. However, the local authority notice published on 28 July 2004 failed to comply with section 10G(7) of the Local Government Transition Act, as it did not specify the effective date of the rates increase and allowed implementation before the objection period expired. This deprived ratepayers of a meaningfu…

Source excerpt

  • Municipal Rates
  • Local Government Transition Act
  • Public Participation
  • Legality Principle
  • Notice Requirements
  • Retrospective Levying
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.