CCT11/13

[2013] ZACC 30

2013 (11) BCLR 1217 (CC)

Froneman J

28 May 2013

5 September 2013

http://hdl.handle.net/20.500.12144/3707

Application for leave to appeal against a judgment of the SCA: Saldanha Bay Municipality v Britannia Beach Estate (Pty) Ltd (769/11) [2012] ZASCA 206 (30 November 2012). The case was previously heard in the Western Cape High Court: Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (14190/2010) [2011] ZAWCHC 253 (6 June 2011).

Application for leave to appeal against a judgment of the Supreme Court of Appeal. The applicants argued that the municipality owed them a constitutional duty to account in a dispute concerning the imposition of certain levies. The Court held that the scope for an independent constitutional duty to account did not exist in this matter. There was nothing to prevent the applicants from claiming the alleged overpayments in the normal course of litigation. The Court held that all of the information that the applicants would need was already available to them or could be obtained through the discovery and other mechanisms available to litigants in civil proceedings. The applicants failed to establish reasonable prospects of success on a constitutional issue. Leave to appeal was refused with costs. Judgment: Froneman J (unanimous).