DA loses court battle over rates
2010-01-28
THE Constitutional Court has dismissed the application by the DA for leave to appeal against a recent verdict of the Western Cape High Court. Last year in November, the DA’s application that the municipal budget approved by the Drakenstein municipal council in May, be declared unlawful and set aside, was refused with costs by Judge Patricia Goliath in the Cape High Court. The DA, du Toit, and de Beer as co-responents will now have to pay all the legal costs (including that of the municipality) amounting to approximately a million rand. The DA’s application against the Municipality, as well as the mayor and senior finance officials in their personal capacities, was based on the premise that the advertised average increase of 7,5% in municipal property rates was misleading. This allegation was deemed to be unfounded by the court. Said Judge Goliath: “I am satisfied that there has been substantial compliance with the relevant legislation and there is no need to interfere with the final budget.” This week the Concourt ruled that the appeal of the DA, Deetlefs du Toit and Tokkie de Beer bears no prospect of success. Said Councillor JT Basson (ANC), finance portfolio holder at Drakenstein: “The fact is that Drakenstein Municipality received an A+ grading from Moody’s Investors Services, which is the highest grading for a municipality in South Africa. “We are a high capacity municipality which complies with all the latest standards of modern auditing. Our example is being emulated by other municipalities.”
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