CCT59/00

[2001] ZACC 9

2002 (1) SA 429 (CC)

2001 (11) BCLR 1109 (CC)

Yacoob J

3 May 2001

26 September 2001

http://hdl.handle.net/20.500.12144/2117

Appeal to Constitutional Court against an order of the Durban and Coast High Court : De Beer NO v The North Central Local Council and the South Central Local Council and Others (D) Case No 8959/99, 28 July 2000, unreported.

Appeal against an order of the Durban and Coast High Court - Constitutionality of section 105(9) of the Durban Extended Powers Consolidated Ordinance No. 18 of 1976 (Natal). Section 105(9) of the Ordinance alleged to infringe the right to fair hearing. The Court held that section 105 of the Ordinance does not compromise the right to fair hearing since the courts in the final analysis have judicial control that renders section 105(9) hearing fair in the context of the notice that must precede the hearing. Appeal accordingly dismissed without costs. Yacoob J for unanimous Court.