Court : South Africa Supreme Court of Appeal
..... 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 ..... 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 ..... the relevant provisions of the rates act, which commenced on 2 july 2005, stipulate that (1) a metropolitan or local municipality may levy a rate on property in its area and must do this subject to (a) s 229 and any other applicable provisions of the constitution; (b) the provisions of the rates act; and (c) the rates policy it must adopt in terms of s 3.25 (2) the council of a municipality must adopt a rates policy consistent with the rates act for the levying of rates ..... communications authority of south africa [2004] zacc 24; 2005 (4) sa 319 (cc) para 22. 52. ..... [2005] zacc 3; 2006 (3) sa 247 .....
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(1) the legislation referred to in the second column of the schedule [including s 10g(7)] is hereby amended or repealed to the extent indicated in the third column of the schedule (2) despite the repeal of section 10g of the local government transition act, 1993 (act 209 of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. . . . ..... followed the local government: municipal systems act 32 of 2000 (the systems act), the local government: municipal finance management act 56 of 2003 (the finance act) (which came into operation on 1 july 2004) and lastly the local government: municipal property rates act 6 of 2004 (the rates act) (which came into operation on 2 july 2005). ..... imposed in the 2001/2002 financial year were not lawfully imposed although that had been conceded); that the 2002/2003 rates were not lawfully imposed; that the rates imposed in 2004/2005 and 2005/2006 were lawfully imposed and that the municipality could recover the amounts payable from the farm owners; but that the municipality had not complied with statutory requirements in imposing rates in ..... on 5 may 2005 the municipality published a notice in terms of s 22 of the finance act stating that the draft budget, as well as the draft reviewed integrated development plan, were open for .....
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 ..... first respondents tender appears to have been as follows: the critical requirement was the tenderers tax affairs being in order; it was incumbent upon the municipality under reg 43 of the municipal supply chain regulations of 2005 to check with sars whether that was the case; an original sars tax clearance certificate is not a material requirement to do so (presumably on the basis that an original is not required to ascertain from ..... 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 ..... 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 ..... 2005 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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. ..... was introduced into schedule 2, with effect from that date, by notice published in the gazette on 20 october 2000.21a sunset review of the anti-dumping duty was initiated by itac on 23 september 2005,22itac gave notice in the gazette on 10 march 2006 that it had recommended that the anti-dumping duty be maintained, and that the minister of trade and industry had approved the recommendation.23 [23] what ..... was introduced into schedule 2, with effect from that date, by notice published in the gazette on 27 december 2000.17a sunset review of the anti-dumping duty was initiated by itac on 16 september 2005,18and on 27 october 2006 itac gave notice in the gazette that it had recommended that the anti-dumping duty be maintained, and that the minister of trade and industry had approved the recommendation.19 ..... 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 .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... strategic planning with 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 . . . ..... 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 declaration so made; . . . ..... [18] in further support of their funding method of choice the appellants contended that the choice of open road tolling was unreasonable within the meaning of s 6(2)(h) of the promotion of administrative justice act 3 of 2000 (paja) in that the operation costs of e-tolling over the anticipated period of 20 years will exceed the capital costs of the gfip and because the enforcement of the system will be practically impossible. ..... first, whether there was an unreasonable delay and, second, if so, whether the delay should in all the circumstances be condoned (see eg associated institutions pension fund and others v van zyl and others 2005 (2) sa 302 (sca) para 47). .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... with the 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 the ..... in the appeal the issues are (a) whether, on a correct interpretation of s 40, read with s 4, of the national credit act 34 of 2005 (the nca), slip knot should have been a registered credit provider in terms of the nca and (b) if slip knot was not so registered, the suite of agreements in question, including the deeds of ..... satisfy the paulsens, who believed that they had grounds, in terms of the provisions of s 40(4)(a), read with s 89(2)(d), of the national credit act 34 of 2005 (the nca), for defeating the claim in its entirety. ..... 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 ..... 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 the following ..... 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 the following .....
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. ..... 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 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. ..... treasury regulations, gn r225, gg 27388, 15 march 2005. .....
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
..... sceb sale contained the following condition: it is a condition precedent 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. ..... the effective date of the sale would operate retroactively from 1 november 1997, was a deeming provision inter sethat could not affect the parties to the litigation or elevate any prior act of the defendants to the breach of a right which the plaintiff did not have at the time of breach. ..... any event, not required to show that the breach by the defendant was the cause but only that it was a cause of the loss.11nor was it necessary for the plaintiff to show particular acts of each defendant that were causally linked to the resignation of each member of megasave and sentra. ..... the cession had taken place before resignation of the members, it was not sufficient for the plaintiff to rely on evidence of generalised breaches of the restraints but that it had to show particular acts on the part of each defendant that were causally linked to the resignation of each member. ..... plaintiffs case is that the defendants acted in concert pursuant to a carefully contrived plan to establish, set up and finance bec. ..... ,in breach of their restraints,financed bec is unavoidable. ..... 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 .....
Tag this Judgment!