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Johannesburg - The Constitutional Court will hear an application on Tuesday by landowners challenging the validity of municipal levies and rates imposed by the Berg Rivier municipality in the Western Cape.
The applicants are rural landowners who own farms within the municipality's area.
In 2011, the municipality began imposing rates and levies in respect of the applicants' rural land, but the applicants refused to pay certain of these levies and property rates.
The municipality sought to claim these levies and rates in the courts, however, the applicants disputed the validity and lawfulness of the relevant levies and rates.
In 2011, the parties agreed to approach the High Court in Cape Town and the landowners won.
The court upheld the applicants' query on the validity of levies and rates imposed for all the relevant years except for those imposed in 2004/5 and 2005/6.
However, the municipality later appealed against the high court ruling in the Supreme Court of Appeal (SCA) and won. The rates and levies were held to have been valid.
The landowners are seeking leave to appeal against the decision of the SCA. They argue that the municipality did not comply with the procedural requirements of any of the Municipal Acts when imposing the relevant rates.
The municipality is to argue against the granting of the leave to appeal.
The MEC for local government has been admitted as an intervening party by the court. The MEC made submissions on the possible remedies that the court should make in the event that it does make an order of invalidity.
