CCT38/01

[2001] ZACC 7

2002 (2) BCLR 133 (CC)

2002 (3) SA 1 (CC)

Yacoob J

6 November 2001

14 December 2001

http://hdl.handle.net/20.500.12144/2146

Application for leave to appeal directly to Constitutional Court against a judgment of Cape High Court in Winelands District Council v Paarl Poultry Enterprises CC t/a Rosendal Poultry Farm and Another Case number 3519/1998, unreported (C)

Validity of s 10 of Proclamation 52 which purported to validate all decisions and actions of district councils retrospectively from 1 July 1997 to cover the period during which these councils had been "improperly elected" according to the High Court judgment. Court held that s 10 of the Local Government Transition Act 209 of 1993 conferred wide powers in respect of local restructuring of provincial MECs. The failure to enact new regulatory framework did not result in district councils becoming unlawfully constituted. Dismissed the respondent application for declaratory relief and referred the matter back to the High Court to be dealt with in light of the judgment. Yaccob J for unanimous Court.