City of Tshwane Metropolitan Municipality v RPM Bricks Proprietary Ltd. (177/2006)
City of Tshwane Metropolitan Municipality v RPM Bricks Proprietary Ltd. (177/2006) [2007] ZASCA 28; [2007] SCA 28 (RSA); 2008 (3) SA 1 (SCA) (27 March 2007)
The Supreme Court of Appeal held that the variation of the supply contract between the parties was invalid because the statutory requirements of section 38 of the Gauteng Rationalisation of Local Government Affairs Act were not complied with. The defendant's council did not pass a resolution to amend the contract, and its employees lacked authority to do so. The court distinguished between acts that are ultra vires and those that merely fail to comply with internal formalities, finding that the present case fell into the former category. Estoppel cannot operate to validate an act that is ultr…
Source excerpt
- Ultra Vires
- Estoppel Against Statutory Body
- Variation Of Tender Agreement
- Constitutional Legality