Court : South Africa Supreme Court of Appeal
..... then 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 ..... with s 10g(7) generally general purport [23] one 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. ..... of the finance act [20] chapter 4 of the finance act regulates the manner of levying of rates from the date of its commencement 1 july 2004. ..... the finance act, in operation from 1 july 2004, dealt with the repeal of a number of the rating provisions 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. ..... [43] the farm owners argued that the provisions of the finance act dealt not with the levying of rates and the procedures to be followed after the resolution had been adopted, but with the run-up to the adoption of the ..... 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
..... ; (4) it is declared that the council of a municipality is obliged to comply with the provisions of the local government: municipal systems act 32 of 2000, the local government: municipal finance management act 56 of 2003 and the local government: municipal property rates act 6 of 2004 when it wishes to approve an amended budget with rates which are different from the rates in the budget which was tabled; (5) the ..... approved by the start of the financial year, as from such later date, when the municipalitys annual budget, including a resolution levying rates, is approved by the provincial executive in terms of s 26 of the finance act;36 (11) a rate is levied by a resolution passed by the municipal council with a supporting vote of a majority of its members after which the resolution must be promulgated in the provincial gazette and made known ..... is obliged to comply with the provisions of the local government: municipal systems act 32 of 2000, the local government: municipal finance management act 56 of 2003 and the local government: municipal property rates act 6 of 2004 when it materially amends a proposed budget after it has been tabled and advertised ..... respondent is obliged to comply with the provisions of the local government: municipal systems act 32 of 2000, the local government: municipal finance management act 56 of 2003 and the local government: municipal property rates act 6 of 2004 when it materially amends a proposed budget after it has been tabled and advertised .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... second respondent is ordered to cancel 58 047 shares in the second respondent which were purchased at an auction on 12 november 2004, in terms of the provisions of section 85 of the companies act 61 of 1973; alternatively the issue whether the 58 047 shares in the second respondent which were purchased at an auction sale on 12 november 2004 were purchased by the second respondent or by the first respondent is referred for the hearing of oral evidence. ..... 3 the issue whether the 11 173 shares in the second respondent which were purchased at an auction sale on 3 december 2004 and the 39 858 shares which were purchased at an auction sale on 18 january 2005, were purchased by the second respondent or by the first respondent, is referred for the hearing of ..... with these resolutions senwes auditors, ernst and young, noted in their report of 21 january 2004 that senwes limited will provide financial assistance to senwesbel limited to repurchase the shares. ..... at its meeting on 4 december 2003 the financing of the senwes share purchases was discussed and it was resolved that senwes would finance the purchases of both its own and senwesbels ..... reported at the senwes board meeting of 2 december 2004 that an amount of some r17 million was owed by senwesbel to senwes in respect of the buy-back transactions financed by senwes. ..... incorporated industries ltd v standard finance corporation ltd 1961 (4) sa 254 (w) at 255d-e approved in sage holdings ltd v the unisec group ltd 1982 (1) sa 337 (w) at 349a .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... final recommendation, but i think 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. ..... the minister of finance acts in accordance with a request by the minister of trade and ..... khosa and others v minister of social development and others: mahlaule and others v minister of social development and others [2004] zacc 11; 2004 (6) sa 505 (cc) para 35; director of public prosecutions, transvaal v minister of justice and constitutional development and others 2009 (4) sa 222 (cc) paras 60-61. ..... 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 gazette on 28 may 1999.27on 19 march 2004 itac initiated a sunset review. ..... estates (pty) ltd v city of cape town and others 2004 (6) sa 222 (sca) para 36. ..... on 5 november 2004 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.28 [24] a second sunset review of this ..... 2463 in gg 26937 of 5 november 2004. 29. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... generally speaking, the requirements for the valid passing of ownership of a movable thing are: delivery actual or constructive of the thing by the owner or someone duly authorised to act on his or her behalf coupled with a so-called real agreement or saaklike ooreenkoms, consisting of the intention on the part of the transferor to transfer ownership and the intention on the part of the transferee of accepting ownership of ..... one of the many damning items of correspondence is a letter from attorney joop lewies to andrag, dated 26 november 2004, from which it is plain that van der merwe knew by then that the bank had paid the full invoice amount, acting to its detriment on the fraudulent misrepresentation contained in e2 (the signed declaration), and yet this fact was disclosed only on 30 june 2010 in ..... fraud on the part of van den berg, suggesting that he must have completed and signed annexure e2 and dated it 16 november 2004 as if van der merwe had signed the declaration on that date. ..... where the purchaser (the trust) and seller (andrag) have colluded in order to solicit excess loan financing from the (bank) . . . ..... annexure g, and an important backdrop thereto, is annexure e2, the declaration purportedly signed by van den berg and van der merwe on 16 november 2004 and handed to the bank on that date. ..... the declarations were purportedly signed on 16 november 2004 by mr paul van den berg, an andrag technician, and by mr cornelis van der merwe on behalf of the trust as its only .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... person who employs 50 or more employees; (b) a person who employs fewer than 50 employees but has a total annual turnover that is equal to or above the applicable annual turnover of a small business in terms of the schedule 4 of this act; (c) a municipality, as referred to in chapter 7 of the constitution; (d) an organ of state as defined in section 239 of the constitution, but excluding local spheres of government, the national defence force, the national intelligence agency and the south ..... [73] having regard to the constitutional principles that underpin public administration and organs of state, and the provisions of the saps act referred to in the preceding paragraph, it can hardly be contended that a senior position such as the one under discussion was not given serious consideration ..... minister of finance and another v van heerden [2004] zacc 3; 2004 (6) sa ..... , tshiqi and theron jja and zondi aja concurring): [1] this appeal, which deals with the application of the employment equity act 55 of 1998 (eea) and an employment equity plan (eep) devised in terms thereof, is a peculiarly south african ..... for purposes of representivity it appears, from the purpose and provisions of the act, that the distinctive population groups are considered in relation to each other and ..... : (2) it is not unfair discrimination to- (a) take affirmative action measures consistent with the purpose of this act; or (b) distinguish, exclude or prefer any person on the basis of an inherent requirement of a job .....
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 minimum a wide range of ..... on 30 may 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 the contract pending the ..... 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 tender as set out ..... so, the tender submitted by the first respondent was not an acceptable tender as envisaged by the procurement act and did not pass the so-called threshold requirement to allow it to be considered and evaluated. ..... of environmental affairs and tourism v pepper bay fishing (pty) ltd; minister of environmental affairs v smith 2004 (1) sa 308 (sca) para 31. .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... he 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 debtors. ..... i appreciate that in the definition of credit provider in s 1 the term is only defined in relation to a credit agreement to which this act applies and that is a strong indication that the credit providers that are obliged to register do not include those that confine their activities to the conclusion of excluded agreements,[1]but prefer not to express ..... [21]typically, the lender borrows money from the banks to provide bridging finance to the property developer at very high rates of interest for a period that is envisaged ..... 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 ..... [5]then it was argued that this court in african dawn property finance 2 (pty) ltd v dreams travel and tours cc and others,[6]sanctioned the charging of interest exceeding 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 minister by .....
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
..... the following amounts to the fund: pillay r 268 800 botha r1 768 000 de klerk r 310 800 leopeng r1 323 000 mogagabe r1 916 800 bezuidenhout r5 992 400 [50] section 7(1)(d) of the admissions of advocates act 74 of 1964 allows a court to suspend any person from practise as an advocate or to order that his or her name be struck off the roll of advocates if the court is satisfied that he [or she] ..... functions is to ensure that the advocate does not claim or be paid unreasonable fees.55where the attorney is ignorant of what constitutes a reasonable fee, or is unable or has no incentive to act as a check on counsel, which was probably the situation here because all concerned anticipated that the fees were to come out of the fund, the advocates advantage is magnified as the check built ..... assessing whether the advocate lacks the honesty and integrity to remain in practice as an advocate.45 [128] hefer ja set out the proper approach to an application under s 7(1)(d) of the act in kekana,46where he said: in terms of s 7(1) of the admission of advocates act 74 of 1964, as amended, the court may suspend any person from practice, or order that the name of any person be struck off the roll, if it is satisfied that he ..... that principle was established in this court in minister of finance and another v law society, transvaal,66where goldstone ja said: the moneys now in question are in nowise paid ..... -d; aircraft completion centre (pty) ltd v rossouw and others 2004 (1) sa 123 (w) para 154(5) and fn 11. .....
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