Peri-Urban Areas Health Board and Another v Administrator, Transvaal and Others

• Judge: Kuper J
• Judgment Date: 10 March 1960
• Citation: 1961 (3) SA 669 (T)
• Hearing Date: 01 March 1960
• Court: Transvaal Provincial Division

Peri-Urban Areas Health Board and Another v Administrator, Transvaal and Others
1961 (3) SA 669 (T) [*]

1961 (3) SA p669

Citation	1961 (3) SA 669 (T)
Court	Transvaal Provincial Division
Judge	Kuper J
Heard	March 1, 1960
Judgment	March 10, 1960

Flynote : Sleutelwoorde

Provincial Council — Administrator — Appointment of commission under sec. 169 of Ord. 17 of 1939 (T) — To consider extension or B alteration of boundaries of Pretoria Municipality and adjoining municipalities — Area of Peri-Urban Areas Health Board — Extension and alteration of — Competent to include such item in terms of reference — Immaterial whether commission appointed under sec. 169 of Ord. 17 of 1939 (T) or sec. 39 of Ord. 20 of 1943 (T) — Recusation — Of a member of a commission — When ordered.

Headnote : Kopnota

C The first respondent had appointed a commission in terms of section 169 of Ordinance 17 of 1939 (T) to determine, inter alia, whether the boundaries of the Pretoria Municipality and four adjoining municipalities should not be extended or altered, and whether the area of jurisdiction of the first applicant should not be altered. The applicants attacked the validity of the Commission, contending, inter alia, that it was incompetent for the first respondent to set up a commission.

D Held, that the words of section 169 of the Ordinance were wide enough to cover the consideration of the extension or alteration of the boundaries of the municipalities concerned.

Held, further, as consideration would also have to be given to adjacent territories, whether a commission was appointed under section 169 of the Ordinance or section 39 of Ordinance 20 of 1943 (T), that the attack against the validity of the Commission had to fail.

E Held, further, however, as the Commission was a body carrying out quasi-judicial functions, that the second respondent, a member of the Commission who was also a member of a firm of consulting engineers which had on occasion acted in a professional capacity for one of the municipalities concerned, should be ordered to recuse himself and withdraw from membership of the Commission. F

Case Information

Application for an order declaring the appointment of a commission to be invalid or alternatively for an order directing the second respondent to recuse himself. The facts and counsel's submissions appear from the reasons for judgment.

G. Findlay, Q.C., with him C. F. Eloff, for the applicants.

G. Viljoen, for the respondents.

Cur. adv. vult. G

Postea (March 10).

Judgment

H Kuper, J.:

On the 20th August, 1958, the Administrator (the first respondent) caused a notice to be published in the Provincial Gazette in terms whereof he appointed a commission consisting of the second, third and fourth respondents (the third respondent being appointed chairman) with the following terms of reference:

1961 (3) SA p670

Kuper J

A.

To determine, regard being had to both developments in and around Pretoria and the essential services provided or which should be provided therefor in order to promote or achieve an orderly community, A the trends of township establishment and community development and the reasons therefor.

B.

To determine the extent to which, in view of the density, nature, community of interests and the consequent necessity for closer supervision and control of the residents in and around Pretoria:

(a)

The boundaries of the Municipalities of Pretoria, Pretoria North, B Silverton and Lyttelton should be extended or otherwise altered;

(b)

The area of jurisdiction of the Peri-Urban Areas Health Board should be altered;

(c)

A need exists for the constitution in terms of the Local Government C Ordinance of one or more local authorities over and above the existing local authorities, and to determine the boundaries of such local authority or authorities.

C.

To determine, if it should be found that a need exists for any of (a), (b) or (c) of item B., or should it be found such a need does D exist, determining the extension or alteration of the boundaries or areas of jurisdiction, the areas, regard being had to:

(a)

trends of expansion;

(b)

availability of water, sewerage and draining works, Native locations, transport services, fire fighting, electricity, and health services;

(c)

E planning, whether on an urban or other basis in respect of any service or matter referred to in para. (b) or any other matter relevant to the closer settlement of people, intended or reserved for future incorporation in the Municipalities of Pretoria, F Pretoria North, Silverton, Lyttelton or any proposed new authority and the Peri-Urban Areas Health Board.

D.

To consider the financial, economic or other implications of any recommendation and the arrangements to be made or measures to be taken as a result of such recommendations.

E.

G To enquire into the necessity for co-ordinating the activities of the bodies concerned in any particular respect or respects by bodies on which the bodies concerned are represented.

F.

To enquire into the necessity, or otherwise, of amending existing legislation relating to local authorities in order to make the implementation of any recommendations possible.

G.

H Generally to consider any matter or thing arising out of or which may be material to any or all of the aforegoing matters or which may be useful in arriving at a finding or which in the opinion of the Commission should be brought to the Administrator's notice;

and to report thereon to the Administrator.

The Administrator appointed the Commission in terms of sec. 169 of the Local Government Ordinance, 17 of 1939.

1961 (3) SA p671

Kuper J

The applicant (the Peri-Urban Areas Health Board) is a body corporate established under Ord. 20 of 1943 and one of its areas of jurisdiction is around and adjacent to the municipal or local government areas of Pretoria, Pretoria North, Silverton and Lyttelton. Within that area of A jurisdiction the applicant is vested and charge with the functions normally allotted to local authorities, and it is clearly very interested in the appointment, work...