Nelson Mandela Bay Metropolitan Municipality v Erastyle (Pty) Ltd and Others (398/2016)
Nelson Mandela Bay Metropolitan Municipality v Erastyle (Pty) Ltd and Others (398/2016) [2018] ZAECPEHC 61; 2019 (3) SA 559 (ECP) (6 November 2018)
The court held that Rule 53 is not a mandatory procedure for a municipality seeking to review its own decisions, especially where the decision-maker is in possession of the record and reasons. The procedural benefits conferred by Rule 53 are intended for parties without access to the record, and can be waived by the applicant. The plaintiff had properly pleaded its case and given notice to affected parties, satisfying the requirements for review. Section 32(2)(b) of the MFMA does not preclude recovery of irregular expenditure unless the expenditure has been certified as irrecoverable and writ…
Source excerpt
- Municipal Finance Management Act
- Legality Review
- Rule 53 Procedure
- Irregular Expenditure
- Unlawful Enrichment
- Special Plea Dismissal