Court : South Africa Supreme Court of Appeal
..... the rand) exceeded the ratio which is permissible under section 19(1)(b) of the rates act read with the regulations; secondly, that the levying of property rates is an integral part of the budget process in terms of the rates act, the local government: municipal finance management act 56 of 2003 (the finance act) and the local government: municipal systems act 32 of 2000 (the systems act) and the decision to increase the rates on business ..... that income from property rates is a critical source of revenue for municipalities to achieve their constitutional objectives; and (3) that it is essential that municipalities exercise their power to impose rates within a statutory framework that not only enhances certainty, uniformity and simplicity across the nation but also takes into account historical imbalances and the rates burden on the ..... : in re ex parte president of the republic of south africa and others [2000] zacc 1; 2000 (2) sa 674 (cc) para 17 at 687d-e; pretoria city council v walker [1998] zacc 1; 1998 (2) sa 363 (cc) para 85; gerber and others v mec for development planning and local government, gauteng and another 2003 (2) sa 344 (sca) para 35. 6. ..... having the rate improperly imposed set aside, he advisedly recognized the difficulties of a court even attempting to set aside the 2009/2010 ..... appropriate to make a declaratory order which would remove doubt about the councils obligation to comply with the systems, finance and rates acts when the council wishes to approve its annual .....
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(1) the legislation referred to in the second column of the schedule [including s 10g(7)] is hereby amended or repealed to the extent indicated in the third column of the schedule (2) despite the repeal of section 10g of the local government transition act, 1993 (act 209 of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 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. ..... transition act (in so far as it conferred the power on the municipality to levy rates) and the provisions of the finance act dealing ..... see for example fedsure life assurance ltd v greater johannesburg transitional metropolitan council [1998] zacc 17; 1999 (1) sa 374 (cc); gerber v member of the executive council for development planning and local government, gauteng 2003 (2) sa 344 (sca) and kungwini local municipality v silver lakes home ..... municipality was not in financial difficulty. ..... it would be particularly odd as its effect would be to remove the legislation introduced in part to enable rating of rural properties that had fallen outside the rating .....
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 ..... chain regulations were promulgated under s 168 of the municipal finance act. ..... the court in that matter was called upon to decide whether a chief director, to whom the power to grant fishing licences under a general notice had been delegated, enjoyed the necessary authority to condone the failure of a person to comply with certain peremptory procedural requirements relating to ..... 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 ..... 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 ..... [12] the immediate difficulty i have with this argument relates to its underlying premise that there existed a discretion to condone a failure to comply with any of the ..... faces a fundamental difficulty. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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 ..... test to the evidence before it a court should have regard, inter alia,to the scope of operations of the company, the role, functions and powers of the directors, the amount of the debts, the extent of the companys financial difficulties and the prospects, if any, of recovery. ..... [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 ..... result of this, the sempres agreement, from which the loan condition had been removed, was signed on 7 march 2001 and was thereafter approved by regals board ..... springett, a man with a long history in the banking industry and who had been appointed in august 1995, resigned in january 1998 after having been embroiled in a lengthy dispute with the appellant about the scope of his duties. ..... to the registrar of banks at a meeting attended by the appellant on 23 october 2000, the appellant explained that the aim of the trusts was not to support the share price but to remove shares from weak shareholders and to sell them to strong holders. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... 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 ..... 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, ..... at the same time - one of them with authority only to reverse the order but with no power to make a binding order of confirmation, and the other with authority to confirm, vary or refuse ..... is an anti-dumping duty imposed on various categories of glass from china and india.24on 5 june 1998 the board on tariffs and trade initiated an enquiry,25and provisional payments were imposed on 27 november 1998.26anti-dumping duties were introduced into schedule 2, with effect from that date, by notice published in the ..... ordinarily there would be no difficulty in determining when the five year period in the anti-dumping agreement would expire, because the date of imposition would correspond ..... to be maintained, upon information establishing prima facie that the removal of the duty is likely to lead to the continuation or .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... agency [sanral], within the framework of government policy, is responsible for and is hereby given power to perform all 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 ..... [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 ..... 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; . ..... ) through publication in the government gazette following upon approval of their decision to do so by the minister of transport (the minister) in accordance with the procedure contemplated in s 27 of the south african national road agency act 7 of 1998 (the act). .....
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 ..... 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 ..... is 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 their ..... a claim to rectify the agreement to remove the description of this amount as interest and to describe it instead as ..... v oneanate investments (pty) ltd (in liquidation)[1997] zasca 94; 1998 (1) sa 811 (sca) at 828c-e and 834b-d. ..... [12] pfeiffer v first national bank of sa ltd 1998 (3) sa 1018 (sca) [13] traub v barclays national bank ltd; kalk v barclays national bank ltd1983 (3) sa 619 (a) at 634a and norex industrial properties (pty) ltd v monarch sa insurance co ltd 1987 (1) ..... ltd v oneanate investments (pty) ltd (in liquidation)1998 (1) sa 811 (sca). .....
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
..... in this 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 appointments of the ..... for it to state: (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 affidavit. ..... 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 ..... read respondent's] submission, there is no reason why, as a matter of law or principle, the authority which has the power to accept the recommendations (the first respondent's council) should not have done so in the circumstances. ..... , managers directly accountable to the municipal manager (and indeed the municipal manager himself or herself) were appointed by the mayoral committee, in terms of a delegated authority, as read with section 60(3) of the local government: municipal structures act 117 of 1998. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... [36] the witnesses for the plaintiff readily conceded that a large number of members resigned from sentra and megasave during the period following september 1998 and that there was dissatisfaction among them due to the policy of retaining rebates, the 1999 incentive scheme, the opening of competing stores and stringent ..... the submission was made that it was not within the power of the plaintiff to render an act retroactively wrongful by taking cession of the relevant right ..... scheme the business, assets and rights of sceb and some 40 other companies in the shoprite group (the sellers) were in terms of an agreement of sale dated 28 august 1998 sold to ok bazaars (1929) ltd, the plaintiff, as going concerns with retrospective effect to 1 november 1997 (the sceb sale). ..... mr b jvan den berg, becs secretary, to have them removed as directors and terminated their involvement with bec. ..... case is that the defendants acted in concert pursuant to a carefully contrived plan to establish, set up and finance bec. ..... 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. ..... ,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 .....
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