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n Without Prejudice - "Historical debt" : municipal law
In the first part of this article regarding municipalities' rights in immovable property for historical debt, we demonstrated that the analysis undertaken by Fourie J in Mitchell v City of Tshwane 2015 (1) SA 82 (GP), in which reference was had to and reliance placed on Voet, was incorrect. The approach that ought to have been adopted in considering the meaning and effect of s118(3) was simply to ascertain the intention of the legislature with reference to the established principles of interpretation of statutes.
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