CCT7/98

[1998] ZACC 17

1999 (1) SA 374 (CC)

1998 (12) BCLR 1458 (CC)

Chaskalson P Majority judgment

Goldstone J Majority judgment

O'Regan J Majority judgment

Kriegler J dissenting judgment

18-20 August 1998

14 October 1998

http://hdl.handle.net/20.500.12144/2056

The appellants were granted leave to appeal to the Supreme Court of Appeal (SCA) against the decision of the High Court in Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others 1997 (5) BCLR 657 (W). The Supreme Court of Appeal in Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others 1998 (2) SA 1115 (SCA) ; 1998 (6) BCLR 671 (SCA) referred the issue to the Constitutional Court who disposed of the matter as if it was an appeal against the decision of the High Court. Appeal dismissed.

Referral from the Supreme Court of Appeal (SCA) for the Constitutional Court to consider: Firstly, the lawfulness of the resolutions adopted by the Greater Johannesburg Transitional Metropolitan Council and the Eastern Metropolitan Substructure in terms of which a general rate was imposed on ratepayers owning land and rights in land throughout the area of the JTMC. Secondly, whether the interim Constitution preserved for the predecessor of the SCA any residual or concurrent jurisdiction to adjudicate upon the lawfulness of the impugned resolutions. At the discretion of the court the matter was disposed of as if it were an appeal from the High Court. Appeal dismissed. Joint judgment by Chaskalson P, Goldstone J and O'Regan J. Dissent by Kriegler J on the lawfulness of the levy imposed by the TMC on the EMS, concurred in by Langa DP, Mokgoro J, Sachs J and Yacoob J.