Court : South Africa Supreme Court of Appeal
..... the local community to submit, within a time which, taking into account the relevant circumstances, must be reasonable, representations in connection with the amended budget and accompanying documents and the amended rates proposed (s 22(a) of the finance act) and provide these documents to the national treasury and the relevant provincial treasury (s 22(b) of the finance act); (6) after the submissions have been received the council must consider them and then give the mayor an opportunity to respond to the ..... the indicative revenue per revenue source for the two financial years following the budget year (s 17(1)(a) and (c) of the finance act); (2) the draft resolutions accompanying the budget approving the budget and imposing the municipal tax and setting the municipal tariffs must be amended to reflect the amended rates (s 17(3)(a)(i)and (ii) of the finance act); (3) the measurable performance objectives for revenue from each source and the projection of cash flow for the budget year ..... thereafter the proposed amendments to the budget should have been set out in the tabled budget to comply with the relevant sections of the finance act and the documents as they were to be amended, together with the mayors statement, published in the prescribed manner, and the local community invited to submit, within a time, which in the circumstances was reasonable, representations in connection with the amended rates and the amended budget. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... section 179 of the finance act reads: repeal and amendment of legislation (1) the legislation referred to in the second column of the schedule [including s 10g(7)] is hereby amended or repealed to the extent indicated in the third column of the schedule (2) despite the repeal of section 10g of the local government transition act, 1993 (act 209 of 1993), by subsection (1) of this section, the provisions contained in subsections (6), (6a) and (7) of section 10g remain in force until the legislation envisaged in section 229(2)(b) of the constitution is enacted. . . . . ..... but that section imposed requirements that are not consistent with the process determined by the finance act, and to the extent that this is so, the later provisions of the general enactment must prevail.3this must be especially so where the provisions of an act are designedly interim and transitional. ..... compliance with s 10g(7) generally general purport [23] one of the attacks on the process followed by the municipality in all the years in question (but as i have held, only relevant until the procedural requirements of the finance act were introduced) was that it did not publish a notice setting out the general purport of the rating resolution adopted by its council. ..... that section was repealed by s 179 of the finance act, cited above. ..... section 23 of the finance act provides that the council must consider submissions and if necessary revise the budget. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... (e) section 112(1) of the local government: municipal finance and management act 56 of 2003 (the municipal finance act), requires a municipal supply chain management policy to also comply with a regulatory framework that covers as a minimum a wide range of issues ..... (f) on 30 may 2005, the municipal supply chain regulations were promulgated under s 168 of the municipal finance act. ..... citing as respondents the municipality itself, the chairpersons of its tender evaluation and adjudication committees and its acting municipal manager (the four appellants), it sought an order reviewing and setting aside the award of the contract to eldocrete as invalid and unenforceable, as well as interim relief suspending the execution of the contract pending the outcome ..... for present purposes it suffices to mention the following: (a) the preferential procurement policy framework act 5 of 2000 (the procurement act) requires a municipality to implement a procurement policy by following a preference point system in respect of any acceptable tender, defined as being any tender which, in all respects, complies with the specifications and conditions of tender as set out in ..... section 4 of the income tax act 58 of 1962 was repealed by s 271 of the tax administration act 28 of 2011, s 256 of which provides a procedure whereunder a person to whom a taxpayer has presented a tax clearance certificate may confirm a taxpayers tax compliance status with ..... section 83(3) of the systems act. ..... section 1 of the pppf act. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... itacs final recommendation, but i think that must be implied, not only by regulation 38.1 itself, but also to be consistent with the wto agreement.54 [78] mr cockrell submitted that itacs final recommendation is published, in effect, when the minister of finance or the minister of trade and industry, introduces or continues an anti-dumping duty by their respective notices in the gazette.55if that is so the periods in both regulations coincide precisely, which is what one might expect. ..... if the minister accepted the report and recommendations of the board he could request the minister of finance to amend schedule 2 appropriately, which the minister of finance was permitted to do by notice in the gazette.4 [7] whenever the board on tariffs and trade published a notice in the gazette to the effect that it was investigating the imposition of an anti-dumping duty, it was permitted to request the ..... were approved by the minister of trade and industry, and notice to that effect was given on 16 april 2010.30the duties that were to be increased were amended in schedule 2 by notice given by the minister of finance in the gazette on 26 march 2010.31 [25] all those anti-dumping duties have certain features in common. ..... in relevant part it reads: c in terms of section 172(1)(a) of the constitution, schedule 2 to the customs act is declared invalid to the extent that from the dates mentioned against each affected product as listed in the amended notice of motion shall be of no force and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... regard to the south african national roads system as well as the planning, design, construction, operation, management, control, maintenance and rehabilitation of national roads for the republic and it is responsible for the financing of all those functions in accordance with its business and financial plan, so as to ensure that governments goals and policy objectives concerning national roads are achieved . . . ..... of s 27 provides: (1) subject to the provisions of this section, the agency [ie sanral] (a) with the ministers approval (i) may declare any specified national road or any specified portion thereof, including any bridge or tunnel on a national road, to be a toll road for the purposes of this act; and (ii) may amend or withdraw any declaration so made; . . . ..... the appellants third answer, closely linked to the second, is that the total debt of r20 billion in public finance terms is relatively speaking very small in that it will constitute no more than 0,2 per cent of the south african debt portfolio ..... , absent any proof of unlawfulness or fraud or corruption, the power and the prerogative to formulate and implement policy on how to finance public projects reside in the exclusive domain of the national executive subject to budgetary appropriations by parliament. ..... it is only when it became clear to them through the budget speech of the minister of finance on 22 february 2012 that the political process was bound to fail them, so the appellants say, that they decided to .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... combined asset value or annual turnover of all related juristic persons, at the time the agreement is made, equals or exceeds the threshold value determined by the minister in terms of section 7(1); (ii) the state; or (iii) an organ of the state; (b) a large agreement, as described in section 9(4), in terms of which the consumer is a juristic person whose asset value or annual turnover is, at the time the agreement is made, below the threshold value as determined by ..... section 2(1)(a) of the usury act provided for the regulation of the annual finance charge rate (largely coextensive with interest) by a money lender under the direction ..... much concerned at the effect of applying the judgment in oneanate in accordance with its terms and expresses the view that mezzanine finance lenders must be incentivised to commence proceedings quickly in order to recover debts owed to them so as to avoid prejudice to ..... i appreciate that in the definition of credit provider in s 1 the term is only defined in relation to a credit agreement to which this act applies and that is a strong indication that the credit providers that are obliged to register do not include those that confine their activities to the conclusion of excluded agreements,[1]but ..... paragraph 2 of the order of the court below is amended to read as follows: the orders made by the court a quo are set aside and ..... paragraph 2 of the order of the court below is amended to read as follows: the orders made by the court a quo are set aside and .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... the respondent, masifundisane training and development college (masifundisane), successfully instituted application proceedings before the kwazulu-natal high court, pietermaritzburg (norman aj) against the appellant, the member of the executive council for finance and economic development kwazulu-natal (the mec), for payment of the sum of r3 877 119.16 together with interest on this and certain other capital sums. 2. ..... the agreement was correctly classified as a public private partnership (ppp) agreement as defined in regulation 16.1 of the treasury regulations for departments, trading entities, constitutional institutions and public entities1(the regulations) issued in terms of the public finance management act 1 of 1999. ..... masifundisane was to assist the department in developing primary, secondary and tertiary co-operatives registered in terms of s 7 of the co-operatives act 14 of 2005, over a period of three years for a total consideration of r99,30 million. 3. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... section 56 managers, as provided for by section 56(1) of the municipal systems act, were introduced into law by the promulgation with effect from 5 july 2011 of the local government: municipal systems amendment act, ..... context, and in its replying papers, the applicant, for the first time, makes reference to section 66 of the municipal systems act and appears to contend that on an interpretation of that section any appointments which are made in the absence of an organogram are automatically invalid including the ..... : (i) i again refer to the [municipality's] non-compliance with s 66', when there is no reference whatsoever to that section in its founding papers; or (ii) refer in vague and general terms to the 'other respects, in which [the municipality] had failed to comply with the [act] as set out in the founding affidavit when, in truth, no such other respects are alluded to in the founding ..... the executive mayor of the first respondent, mr booi koerat (second respondent), the municipal manager of the first respondent, mr sidney fadi (third respondent), the acting municipal manager of the first respondent, ms colleen dreyer (fourth respondent), mr vernon stuurman, a member of the mayoral committee of the first respondent (fifth respondent), mr patrick kota, a ..... 24 july 2012 and on the face of it appears to be a minute of a meeting of the finance, administration, monitoring and evaluation committee, a standing committee of the municipality, to the extent here relevant, reads .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... held the sole risk and reward with the motive of enhancing or maintaining the share price of regal holdings and falsely increasing the assets and liabilities of regal; allowing the sole security for financing share purchases of regal holdings shares be those shares; not exercising proper corporate governance within regal bank and regal holdings; allowing the banks money to be utilised for the purchase of regal holdings ..... under the taxation laws amendment act 30 of 2000, the definition of gross income in the income tax act 58 of 1962 was shortly due to be amended to render taxable any compensation paid for a restraint of trade received or accrued on or after 23 february 20005(this might explain both why the appellant regarded the matter as urgent and his reference to a ..... framed in such a way that an accused person has to guess or puzzle out by piecing sections of the indictment or portions of sections together what the real charge is which the crown intends to lay against him. ..... [155] count 7 relates to the alleged contravention of section 38(1) read with sections 38(3) and 441 of the companies act, by way of the giving of financial assistance for the purchase of ..... it was as a result of this that on 25 may 2000 regal published the following announcement: the section under banking model in regals audited results appears to have caused a level of misunderstanding amongst shareholders and investors: regal directors together with our auditors ernst and young wish to place on record .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... for bodigelo, in attempting to show that pic was not entitled to the payments, submitted that in contrast to pics pleaded defence that in performing his functions as a non-executive director, bodigelo acted as an employee of pic, the witnesses of pic in the form of dr matilja and mr molefe conceded that in performing such functions bodigelo was not doing the work of pic. ..... , mr kagiso bodigelo (bodigelo) was formerly employed by the appellant, the public investment corporation ltd (pic) as a junior (and later senior) manager: private equity and corporate finance, in terms of a written fixed-term employment contract, until his resignation on 3 august 2007. 2. ..... the allegation by pic in its plea that bodigelo at all times acted as an employee vis-a-vis pic and the admission that the companies paid directors fees and bonuses to persons who acted as directors on their boards did not result in pic attracting the onus of proving its entitlement to receive the payments as against bodigelo ..... to justify its retention of the payments due to bodigelo, in accordance with the pleaded defence of pic, namely that bodigelo performed his function as a non-executive director in the companies, as a manager: private equity and corporate finance of pic. ..... receive these payments for his personal benefit because he performed his functions as a director of the companies as a nominee and employee of pic and as part of his functions and duties as manager of private equity and corporate finance of pic. 8. .....
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