AN APPEAL by Rayton's Nokeng Tsa Taemane local municipality against a high court finding setting aside assessment tariffs for two financial years was upheld in the supreme court of appeal in Bloemfontein yesterday.
The high court in Pretoria had set aside the assessment tariffs determined by the municipality for areas under its jurisdiction, for the financial years of 2003-04 and 2004-05.
The application was brought by the Dinokeng Property Owners' Association, a voluntary group representing landowners and residents within the municipal boundaries.
The high court held the process leading to the tariff determinations was patently flawed.
There was also no compliance, strict or substantial, with the relevant statutory provisions.
But the SCA held that two notices issued by Rayton in terms of the Local Government Transition Act on May 28 2003 and June 8 2004 were properly advertised in terms of the relevant section.
The SCA found the operating and capital budgets, which included assessment rate tariffs for properties in the municipality for 2003-04 and 2004-05 financial years, were valid.
The municipality includes Rayton and Cullinan urban areas, rural residential areas such as Roodeplaat, agricultural land and conservancies and townships such as Refilwe.
The SCA judgment also warned against courts seizing the powers of municipalities to determine rates and taxes within their municipal boundaries.
Supreme Court upholds Nokeng tariff appeal
AN APPEAL by Rayton's Nokeng Tsa Taemane local municipality against a high court finding setting aside assessment tariffs for two financial years was upheld in the supreme court of appeal in Bloemfontein yesterday.
The high court in Pretoria had set aside the assessment tariffs determined by the municipality for areas under its jurisdiction, for the financial years of 2003-04 and 2004-05.
The application was brought by the Dinokeng Property Owners' Association, a voluntary group representing landowners and residents within the municipal boundaries.
The high court held the process leading to the tariff determinations was patently flawed.
There was also no compliance, strict or substantial, with the relevant statutory provisions.
But the SCA held that two notices issued by Rayton in terms of the Local Government Transition Act on May 28 2003 and June 8 2004 were properly advertised in terms of the relevant section.
The SCA found the operating and capital budgets, which included assessment rate tariffs for properties in the municipality for 2003-04 and 2004-05 financial years, were valid.
The municipality includes Rayton and Cullinan urban areas, rural residential areas such as Roodeplaat, agricultural land and conservancies and townships such as Refilwe.
The SCA judgment also warned against courts seizing the powers of municipalities to determine rates and taxes within their municipal boundaries.
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