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dc.date.accessioned 2017-04-08T17:01:25Z
dc.date.available 2017-04-08T17:01:25Z
dc.date.created 2003-11-11 en
dc.identifier.citation [2002] ZACC 11
dc.identifier.citation 2002 (11) BCLR 1220 (CC)
dc.identifier.citation 2003 (1) SA 678 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2149
dc.title Uthukela District Municipality and Others v President of the Republic of South Africa and Others en
dc.title.alternative CCT7/02 en
dc.identifier.casenumber CCT7/02 en
dc.date.hearing 14 May 2002
dc.contributor.judge Du Plessis J
dc.date.judgment 12 June 2002
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2149/Full%20judgment%20%28191%20Kb%29-18006.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Entitlement of national, provincial and local sphere of government to equitable share of revenue raised nationally. In terms of s 5(1) of the Division of Revenue Act district municipalities were excluded. The impugned section had been repealed by the time the case came to this Court. Du Plessis AJ in a unanimous decision explained that when an Act is declared unconstitutional by the High Court, but then later repealed before hearing before this Court, the Court will not deal with the issue if any order will have no practical effect on the parties. If dispute can be dealt with on a political level and parties are organs of state, the Court will be hesitant to intervene. Here, there would have been a practical effect, but because the parties were organs of state, the Court found there needed to be reasonable efforts made to settle dispute at the political level.
dc.concourt.casehistory Applicants sought an order confirming an order in Uthukela District Municipality and Others v President of the Republic of South Africa and Others 2002 (5) BCLR 479 (N), as well as order directing the national government to pay them their respective equitable shares.


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