De Villiers v Pretoria Municipality [1912] ZATPD 84 (4 July 1912)

Corporation.- Statutory Powers.- Municipality.Jurisdiction.-"Squares."-Use as Tennis Courts.-P1·oc. 7 of 1902, sec.1.-Statute.-Construction.Ejusdem generis.

A corporation created for a particular purpose with
statutory powers cannot e.xercise powers not e.xpressly
or impliedly authorised.

By statute "roads, squares, and thoroughfares" were
vested in a Municipal Council in trust "to lceep the
same open and ... in repair for the use and benefit of
the inhabitants: "-Held, that the word "square"
meant a plot of ground to be 'ttsed by the public
either for purposes of free passage, ornamentation,
pleasure, recreation or health; but that the Jfunicipal
Council had no power (WESSELS, J., diss.) · to
lay out any portion thereof as public tennis courts,
and (unanimously) that the said Council had no
power to let such courts to private clubs.