Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24)
Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)
Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impos…
Source excerpt
- Taxing Power
- Customary Law
- Delegation Of Legislative Power
- Limpopo Traditional Leadership And Institutions Act
- Constitutional Invalidity
- Costs Against State