This Act was repealed on 1994-02-02 by Local Government Transition Act, 1993.
There are outstanding amendments that have not yet been applied. See the History tab for more information.
Black Local Authorities Act, 1982
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History of this document
25 April 1994 amendment not yet applied
Amended by
Businesses Act, 1991
01 April 1994 amendment not yet applied
Amended by
Businesses Act, 1991
02 February 1994
Repealed by
Local Government Transition Act, 1993
20 July 1993 amendment not yet applied
01 July 1993 amendment not yet applied
Amended by
Businesses Act, 1991
15 July 1992 amendment not yet applied
01 January 1992 amendment not yet applied
Amended by
Businesses Act, 1991
30 June 1991 amendment not yet applied
23 October 1987 amendment not yet applied
Amended by
Fire Brigade Services Act, 1987
15 August 1986
Commenced by
Black Local Authorities Act, 1982: Commencement of section 56A(1)
Note: Commencement date of section 56A(1)
01 August 1986 amendment not yet applied
25 June 1986 amendment not yet applied
Amended by
Constitutional Laws Amendment Act, 1987
Amended by
Constitutional Laws Amendment Act, 1988
06 September 1985 amendment not yet applied
Amended by
Local Government Affairs Amendment Act, 1985
01 August 1983
Commenced
07 July 1982 this version
23 June 1982
Assented to
Cited documents 0
Documents citing this one 306
Gazette
287Judgment
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Reported
A municipality may lawfully use a provisional valuation roll to levy property rates; transitional and constitutional provisions preserve that power.
* Local government – constitutional and statutory powers to value property and levy rates – Constitution s 229(1)(a); Transition Act s 10G and Structures Act ss 93(4)-(5).
* Property valuation – Property Valuation Ordinance valid and "in force" for transition purposes; PVO regulates procedures but does not preclude levying on provisional rolls.
* Transitional law – successors in law/superseding municipalities inherit predecessor powers; sections 12 and 14 of Structures Act effect legal succession.
* Constitutional procedure – manner-and-form challenge to amendment (s 21) unnecessary to decide where appeal outcome has no practical effect.
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Reported
Whether the Premier’s approval requirement for rates over two cents survived the constitutional transition.
Local government — Rating of property — Interaction of old-order provincial ordinances (Municipal Ordinance 20 of 1974 s 82(1)(a)) with national Transition Act (s 10G(6),(6A),(7)) — Whether Premier/Administrator’s approval for rates above 2 cents impliedly repealed by constitutional transition — s 229(2)(a) challenge — justiciability and non-joinder — valuation, notice and differentiation of rates.
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Reported
An unauthorised agent’s institution of proceedings may be validly ratified later unless it prejudices substantive third‑party rights.
Civil procedure – locus standi of agent/commissioner – ratification of unauthorised acts – retrospective appointment – procedural (litigation) act v administrative act – effect of ratification after objection – leave to appeal and balance of convenience.
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Reported
Appellants’ murder convictions upheld on common-purpose liability; trial Judge right to protect legal privilege; some public-violence convictions set aside.
* Criminal law – common purpose – murder – whether individual causal contribution required – fatal act of one participant can be imputed to others who actively associate and possess mens rea.
* Evidence – legal professional privilege – witness’s statement to attorney – trial Judge’s discretion to relax privilege requires sufficient particulars and perusal of statement; Barton (Crown Court) distinguished.
* Statutory offences – subversion (Internal Security Act s54(2)) – application of presumption in s69(5) and scope of paragraphs relied upon.
* Criminal procedure – duplicative convictions – where same conduct constitutes both subversion and public violence, conviction on both may be inappropriate.
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A magistrate’s discovery ruling is interlocutory and not appealable under section 83(b) of the Magistrates’ Courts Act.
Magistrates' Courts Act s83(b) — appealability — rule or order having effect of final judgment; test: definitive of rights and disposes substantial portion of relief; interlocutory discovery orders not appealable; interests of justice standard in Superior Courts Act does not displace s83; costs on attorney-and-client scale.
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Reported
A certified voters' list is final; the Director may not add candidates post-certification, making such nominations invalid.
Local government elections — voters' lists — regulation 5(4)(b) certification makes list final and conclusive — regulation 5(6) does not permit post-certification addition of names for an ensuing election — post-certification amendments and resultant declarations nullities.
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Reported
A municipal 'special levy' used to retroactively validate or recoup unlawful service charges is ultra vires and discriminatory.
Municipal law — Black Local Authorities Act — distinction between power to impose levies (sec 23(1)(p)) and to determine service tariffs by by-law (sec 23(1)(q)) — retrospective charges ultra vires — artificial 'special credit' extinguishing refunds — unequal, unreasonable discrimination.
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Reported
A local authority may charge interest only at a rate approved under its statute, not the prescribed rate absent approval.
Local government — service charges — mora interest — applicability of Prescribed Rate of Interest Act 55 of 1975 where enabling statute (s 48, Black Local Authorities Act 102 of 1982) governs determination of interest rate — effect of absence of approved rate under s 48; s 46(9) exception applying prescribed rate for specified debts.
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Silo v Nompozolo and Gabelana Incorporated and Others (EL 785/09) [2023] ZAECELLC 10 (25 April 2023)
A curator cannot ratify and cure proceedings founded on a plaintiff who lacked locus standi; attorney personally liable for costs.
• Civil procedure – locus standi – proceedings founded on a plaintiff lacking authority are void ab initio and not capable of ratification by a subsequently appointed curator ad litem. • Curator ad litem – scope of powers – ratification limited to acts legally capable of validation; no retrospective conferment of standing. • Costs – costs de bonis propriis – attorney personally liable for reckless or negligent conduct in pursuing void litigation. • Uniform Rules of Court (Rule 41) – withdrawal and costs where no tender made.
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A curator cannot retrospectively cure lack of locus standi; negligent counsel ordered to pay costs de bonis propriis.
* Procedural law — locus standi — proceedings brought by person lacking authority are void ab initio and cannot be validated by later ratification; * Curator ad litem — scope of ratification — limited to acts capable of being ratified; * Costs — costs de bonis propriis — attorneys may be mulcted where negligent, reckless or unreasonable conduct causes unnecessary costs; * Civil procedure — withdrawal of action (Rule 41) and responsibility for costs when no tender is made.
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