Groenewoud and Oolyn v Innesdale Municipality [1915] ZATPD 74 (20 September 1915)

Reported
Flynote

Constitutional law.- Provincial Councils.- Power in, relation to municipal institutions.-SouthAfrica Act 1909, sec. 85 (VI).Prosecution by town councils for breach of bye-laws.-Ord. 9 of 1912, sec. 113.

Case summary

Section 85 (VI) of the South Africa Act empowers Provincial Councils to make Ordinances in relation to municipal institutions, Held, that Provincial Councils
could endow municipal corporations with all such powers as might enable them to deal fully and effectively with reasonable municipal requirements in accordance with the social and economic conditions of the present time. Held, further, that sec. 113 of Ord. 9 of 1912 empowering municipal councils to
institute prosecutions by any person authorised in writing by the Mayor or Town Clerk for a breach of their bye-laws or regulations was intra vires the
Provincial Council.


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