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
..... 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
..... 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 pic invested moneys on behalf of public sector entities including the ..... was to ensure that the companies sustained themselves in the future to protect pics investment. the full court accordingly erred in concluding that bodigelo could not have been acting in such directorship as an employee of the respondent in reliance upon this authority. 16. simply put, in performing his functions as a non-executive director on ..... of sa ltd v jorgensen 1980 (4) sa 156 (w) at 163f, counsel for bodigelo submitted that the defence pleaded by pic that bodigelo at all times acted as an employee of pic was bad in law. although it is clear, as decided in jorgensen, that a director appointed as a nominee to represent certain .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... terms of clause 4.1, shall pending the registration of transfer of the properties be invested by the conveyancers in an interest bearing account in terms of section 78(2a) of the attorneys act 53 of 1979, as amended, and such accrued interest shall, upon registration, be paid over to the purchaser, less bank charges into the following bank ..... not of the seller. that being the case, the money had not been paid to the plaintiff or to her agent. the purchaser and the deputy director: finance in the chief land claims commissioners office (second appellant) were ordered, jointly and severally, to pay the unpaid balance of the purchase price, interest thereon and costs ..... order of hiemstra aj, sitting in the north gauteng high court. the first and second appellants, the minister of agriculture and land affairs and the deputy director: finance in the head land claims commissioners office, were ordered jointly and severally to pay to the first respondent the sum of r1, 001, 971.50 plus interest and .....
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