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25 May 2012
   
 
 
Article by: Creamer Media Reporter
 
 
 
 
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Kouga Municipality v Bellingan and Others (121/11) [2011] ZASCA 222 - 138 KB
 

Summary: Administrative law: distinction between direct and defensive challenge to legislation, discussed; person charged for contravening allegedly invalid legislation can bring application for declaratory order that legislation is invalid.

The provisions of s 160(4)(b) of the Constitution of the Republic of South Africa Act, 1996, and s 12(3)(b) of The Local Government: Municipal Systems Act, 32 of 2000, discussed and applied.

Kouga Municipality Liquor (Trading Hours) By-law published in the Eastern Cape Provincial Gazette Extraordinary of 27 December 2006 and relating to registrations under the Eastern Cape Liquor Act 10 of 2003, declared invalid for purposes of prosecution of respondents.

Edited by: Creamer Media Reporter
 
 
 
 
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