Maserowitz and Maserowitz v Johannesburg Town Council [1914] ZAWLD 39 (4 May 1914)

Municipality.-Ord. 9 (1'rans't•aal) of 1912, sec. 96.-Applicaition for license.-N o notice to applicant.-Reopening.-Superior Court. Provincial Council.-Powers.-Ord. 9 of 1912, secs. 88, 90, 91.South Africa Act, secs. 85 (1), 89.-Cycle dealers' license.Regulation of Trade.

Section 96 of Ordinance 9 (Transvaal) of 1912, which lays down the procedure to be followed by a town council for hearing applications for licences to carry
on a trade, contemplates that if the council takes evidence and hears objections,there should be notice to, and a hearing of the applicant. Where no such
notice is given or hearing granted, the applicant (assuming that a magistrate has no jurisdiction to re-hear such application or to grant redress) is entitle<i
to have the matter reopened in a superior court.
Sections 88, 90 and 91 of Ordinance 9 (Transvaal) of 1912, so far as they relate to cycle dealers, are ultra vires the Provincial Council of the Transvaal under
sections 85 (1) and 89 of the South Africa Act, as that act confers no power on Provincial Councils to regulate trade. A power to control local trade, commerce or industries, (apart from questions of public health or certain other objects) is not a necessary or incidental function of municipal government.