Court : South Africa Supreme Court of Appeal
..... )(i) of the systems act. 14. section 15 of the finance act. 15. section 16(1) of the finance act. 16. section 16(2) of the finance act. 17. section 17(1) of the finance act. 18. section 17(3)(a),(b) and (c) of the finance act. 19. section 18 of the finance act. 20. section 21(1) of the finance act. 21. section 22(a) of the finance act. 22. section 23(1) of the finance act. 23. section 23(2) of the finance act. 24. section 24(1) and ..... (2)(a),(b) and (c) of the finance act. 25. section .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... its commencement 1 july 2004. after that date the municipality determined the rates payable in terms of the provisions of ss 22 to 24 of the finance act. section 22 makes provision for the publication of a municipalitys annual budget, and requires a municipality to invite the local community to submit representations in connection with the ..... previously in force (the relevant provisions here were in the municipal ordinance 20 of 1974 (c)), as well as s 10g(7) of the transition act. 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 ..... one further objection made by the farm owners was that the notice stated that the executive mayor would consider the objections, not the council itself. section 23 of the finance act provides that the council must consider submissions and if necessary revise the budget. but the mayor reported to the council and it took the final decision .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... and competitive and as may be provided for in other national legislation[5]in order to procure municipal services. (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 ..... tenders or other bids above a prescribed value.[8] (f) on 30 may 2005, the municipal supply chain regulations were promulgated under s 168 of the municipal finance act.[9]regulation 43 thereof provides: (1) the supply chain management policy of a municipality or municipal entity must, irrespective of the procurement process followed, state that the ..... limpopo province and others 2008 (2) sa 481 (sca) para 35. [3] section 1 of the pppf act. [4] published in gg no r 502 of 8 june 2011. [5] section 83(3) of the systems act. [6] section 112(1)(e). [7] section 112(1)(g). [8] section 112(1)(i). [9] in g/n 868 of 2005. [10] the position .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... impugned duties. [105] anti-dumping duties are imposed under s 56(1) of the act. the minister of finance imposes them by publishing an amendment to the second schedule to the act in the government gazette. the minister of finance acts in accordance with a request by the minister of trade and industry. when withdrawing or reducing ..... apply to itac for the imposition of an anti-dumping duty and itac is then required to evaluate the merits of the application.8various sections of the international trade administration act are to come into effect only when the southern african customs union agreement becomes law in the republic, which has yet to occur. ..... that the remaining-in-force of the notice imposing the anti-dumping duty beyond five years would be unreasonable and to that extent invalid. 51. section 233: when interpreting any legislation, every court must prefer any reasonable interpretation of the legislation that is consistent with international law over any alternative interpretation .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... plan, so as to ensure that governments goals and policy objectives concerning national roads are achieved . . . [7] the financing options that are available to sanral are set out in s 34(1) of the act. though the section enumerates an impressive list of twelve options, it is not in dispute that for present purposes these were limited to three, ..... a quo. [4] the issues arising in the appeal will be best understood against the background of s 27 of the act and the underlying facts. the relevant part 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 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... concerned with an ordinary unpaid bankers overdraft.[33]the case was decided before the repeal of the usury act 73 of 1968 in terms of s 172(4)(a) of the nca. 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 of the minister ..... envisaged to be short term.[22] [42] the relevant portions of ss 4(1)(a) and (b) of the nca read as follows: 4. application of act (1) subject to sections 5 and 6, this act applies to every credit agreement between parties dealing at arms length and made within, or having effect within, the republic, except (a) a credit agreement in ..... by notice in the gazette. the definition of a money lender in terms of s 1 of the usury act .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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. because the requisite approvals of the treasury were not obtained in terms of regulation 16 prior to the conclusion of the agreement, ..... (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 ..... 2006. 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. the establishment of these co-operatives was .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... moreover, it had been invoked in support of the contention that the mayoral committee is not empowered to make the appointments which it did having regard to section 56 of the systems act rather than in support of the contention sought to be advanced by it in its replying affidavit. likewise, it was equally disingenuous for it to state: ..... allegations raised in the da's replying affidavit mr fadi stated: '3.15. the applicants contend further that there was a lack of consultation as envisaged by section 56 of the act. this is denied in the answering papers and, by way of amplification, i record as follows: 3.15.1. i attended all selection committee meetings ..... annex hereto marked "a".' [14] annexure a, which is dated 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: organogram review '1. introduction the council has, in terms of .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 4) sa 345 (sca) and itc 1338 (1980) 43 satc 171 (t). 5. see s 13(1)(f) and s 22(2)(a) of the taxation laws amendment act 30 of 2000. 6. section 297(2a)(e). 7. s v hugo 1976 (4) sa 536 (a). 8. see lewis v oneanate (pty) ltd and another [1992] zasca 174; 1992 (4 ..... regals financial health is self-evident. [133] the consequences of these frauds were therefore extremely serious. shareholders and investors are entitled to know the true state of the finances of public companies in which they invest and make deposits. not only was crucial information disguised and hidden from them, but the financial picture that emerged itself from ..... 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 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... for the transactions embodied in this agreement acquiring force and effect that the approval of the commissioner of inland revenue be obtained in terms of section 39 of the taxation laws amendment act, act 20 of 1994. it is not in dispute that the commissioner approved the rationalisation scheme on 27 october 1998. sceb managed the entire business ..... of bec. the trial court, moreover, rejected the contention that an amount of r1,5m was insufficient for the establishment of a buying organisation. the manner of financing the new organisation was detailed in exhibit s, and it was specifically stated that the capital of the company did not have to be substantial. the founding ..... funds it would have been van den berg. the defendants did not call him as a witness. the inference that the defendants,in breach of their restraints,financed bec is unavoidable. causation [35] the defendants submitted that the evidence did not establish that the members of sentra and megasave resigned as a result of any .....
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