Case No. | Lower Court Judgments | Hearing Date | Judgment Date | Majority Author | Vote | |
CCT 11/13 | Western Cape High Court, 6 Jun. 2011 SCA, 30 Nov. 2012 |
28 May 2013 | 5 Sep. 2013 | Froneman J. | Unanimous |
By Duncan Wild on 12 September 2012
The case involves a challenge brought by a property developer (“Brittania“) against a tariff used to determine bulk infrastructure development levies by the Saldanha Bay Municipality (“the Municipality“). Section 42 of the Land Use Planning Ordinance 15 of 1985 (“LUPO”) allows a municipality to impose conditions on the grant of applications for rezoning and sub-division of land (the applications are made in terms of sections 16 and 25 of LUPO). The tariff for the calculation of capital contributions is set by council resolution. Continue reading