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Administrative Law [2005] ZASCA 111

Rates Action Group v City of Cape Town (16/2005)

Rates Action Group v City of Cape Town (16/2005) [2005] ZASCA 111; [2007] 1 All SA 233 (SCA); 2006 (1) SA 496 (SCA); 68 SATC 1 (25 November 2005)

The Supreme Court of Appeal held that the Local Government: Municipal Systems Act 32 of 2000 does not preclude the levying of a rate as a charge for municipal services such as sewerage and refuse removal. The Act requires a tariff policy and by-laws for the levying of fees for municipal services, but does not prohibit the use of property value as a basis for such charges. The relevant provisions of the Local Government Transition Act 209 of 1993 were not impliedly repealed by the Systems Act and continued to operate until expressly repealed by subsequent legislation. The appellant's argument…

  • Municipal Rates
  • Tariff Policy
  • Local Government Finance
  • Service Charges
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