Court : South Africa Supreme Court of Appeal
..... 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 ..... and residential, had declined, and how the percentage contribution of the rates from business properties had declined from approximately 50% in 2006/07 and 2007/08 to approximately 40% in 2008/09 and how this would continue in 2009/10 if the rates increase of 10% was implemented but ..... properties was increased because the percentage contribution from the rates on business properties to the total rates income had declined from what it was in 2007/8 and the purpose of the increase was to restore the percentage contribution from business properties on the total rates income. this re-alignment .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... from the date of 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 budget (s 22 ..... 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 the 2006/2007, 2007/2008 and 2008/2009 years and could thus not recover them. the high court granted leave to the farm owners to appeal in respect of the 2004/2005 and 2005 .....
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 ..... indication 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 that ..... -dumping regulations. 100. c/f avenue delicatessen and others v natal technikon 1986 (1) sa 853 (a) 871c-f. 101. shorter oxford english dictionary (6th ed, 2007) vol 2, p2490, s.v. reconfirm. the oxford english dictionary (2nd ed) vol xiii, p 355 gives the same definition. 102. oudekraal estates (pty) ltd .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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 ..... parliament. [20] similar considerations were expressed by froneman j in his separate concurring judgment when he said (at para 93): it is undisputed that in july 2007 the cabinet approved the gauteng freeway improvement project and the concomitant basis for its funding, e-tolling, after extensive investigation and a report to it on the ..... there was, or might reasonably have been, public knowledge of the decision far earlier than that. i have already said that as early as 8 october 2007 the then minister of transport officially announced the launch of the gfip, followed shortly by presentations that received coverage in the media, and by notification to state .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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 ..... knot investments (pty) limited (slip knot) in terms of which the respondent lent winskor r12 million for a twelve month period from 10 july 2006 to 9 july 2007. slip knot had lent winskor the money to assist with the funding of a property development in brooklyn. winskor defaulted on its obligation to repay the loan together with ..... that slip knot required on this loan. needless to say, winskors dreams of a speedy and substantial profit dissipated during the course of the world economic downturn that commenced in 2007 and the result is the present litigation. in it slip knot seeks to recover what it lent, together with interest, from mr and mrs paulsen (the paulsens), who .....
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
..... 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 government employees pension fund and appointed certain employees ..... 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 ..... 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 .....
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