Show simple item record

dc.date.accessioned 2017-04-08T17:12:29Z
dc.date.available 2017-04-08T17:12:29Z
dc.date.created 2009-12-02 en
dc.identifier.citation 2009] ZACC 34
dc.identifier.citation 2010 (5) BCLR 445 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3596
dc.title City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd en
dc.title.alternative CT85/09 en
dc.identifier.casenumber CCT85/09 en
dc.contributor.judge The Court
dc.date.judgment 3 December 2009
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3596/Full%20judgment%20Official%20version%20%2878.4Kb%29-13975.pdf?sequence=5&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against a judgment of the North Gauteng High Court ruling, affirmed on appeal to the Supreme Court of Appeal, that section 12 of the Regional Services Councils Act 109 of 1985 did not empower the Minister of Finance to authorise the City Council to summarily estimate the liability of levy payers. The City contended the judgments of the courts below should be reversed because the Minister was not party to the litigation. A unanimous Court held that, given that the relevant statutory provisions have been abolished, and that the legal argument in favour of the notice is exceedingly weak, the non-joinder of the Minister is not a sufficient reason to hear the case. The Court found that it was therefore not necessary to enter into the question of the existence and impact of the doctrine of collateral challenge. The application for leave to appeal was dismissed. Majority: Judgment of the Court
dc.concourt.casehistory Application for leave to appeal against a judgment of the SCA: City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd [2009] ZASCA 87; Case No 232/08, 10 September 2009, unreported. The case was previously heard in the Pretoria High Court: City of Tshwane Metropolitan Municipality v Cable (Pty) Ltd (34431/2005) [2008] ZAGPHC 11 (18 January 2008).


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account