Liebenberg NO and Others v Bergrivier Municipality (737/2011)
Liebenberg NO and Others v Bergrivier Municipality (737/2011) [2012] ZASCA 153; [2012] 4 All SA 626 (SCA) (1 October 2012)
The Supreme Court of Appeal held that s 10G(7) of the Local Government Transition Act remained operative until 2011 due to the transitional provisions in the Finance Act and the Rates Act. The Municipality was empowered to levy rates under s 10G(7) throughout the relevant period, and the procedures for levying rates were governed by the Finance Act after its commencement. The court found that the Municipality substantially complied with the statutory requirements for notice, objection, and public participation, and that any administrative shortcomings did not invalidate the rates. The rates i…
Source excerpt
- Municipal Rates
- Local Government Transition Act
- Substantial Compliance
- Public Participation
- Constitutional Powers Of Municipalities
- Retrospective Rating