Johannesburg Municipal Council v Maserowitz and Maserowitz [1914] ZATPD 84 (10 August 1914)

Practice.-Ord 9 of 1912, secs, 90 and 91.-Procedure on appeal.Appeal to Supreme Com·t.-Provincial Council Ordinance.Validity not in issue.-Assumption that it is valid.

Ordinance 9 of 1912 provides (sections 90 and 91) that an applicant who has been refused a licence to trade as a cycle dealer by a municipal council may appea. l against the council's decision to the magistrate: Held, that this provision did not abolish his common law right to apply to the Supreme Court for relief where such refusal ha.d be-en ma.de without his having been given an opportunity of being heard by the council. Where an ordinance passed by a Provincial Council is not patently invalid and is invalidity is not in issue, the Court will assume that it is valid.