Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (CCT 119/23)
Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (CCT 119/23) [2025] ZACC 1; 2025 (5) BCLR 505 (CC) (24 March 2025)
The Constitutional Court found that the High Court erred by limiting the retrospective effect of its order of invalidity to prospective operation only, thereby failing to properly balance the interests of the applicants and the municipality. The High Court focused solely on the municipality's fiscal interests and did not consider the substantial prejudice to Ekapa, which had paid rates at a lower ratio and faced unlawful charges. The evidence did not support the municipality's claims of disruptive financial consequences, and the delay in challenging the rates was not as extensive as the High…
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- Municipal Property Rates Act
- Principle Of Legality
- Just And Equitable Relief
- Unlawful Differentiation
- Retrospective Orders
- Local Government Finance