<Tr> <Th_colspan="2"> Case opinions </Th> </Tr> <Tr> <Th> Decision by </Th> <Td> Chaskalson, Goldstone and O'Regan </Td> </Tr> <P> Fedsure Life Assurance Ltd and Others v Greater Johannesburg Transitional Metropolitan Council and Others is an important case in South African law, heard in the Constitutional Court on 18 and 20 August 1998, with judgment handed down 14 October . The bench was occupied by Chaskalson P, Langa DP, Ackermann J, Goldstone J, Kriegler J, Madala J, Mokgoro J, O'Regan J, Sachs J and Yacoob J. DJB Osborn (with him PJ Van Blerk) appeared for the appellants, RM Wise (with him J. Kentridge) for the first respondent, and CZ Cohen (with him M. Chaskalson) for the second, third, fourth and fifth respondent . </P> <P> The interim Constitution recognises and makes provision for three levels of government: national, provincial and local . Each level of government derives its powers from the interim Constitution . In the case of local government, however, the powers are subject to definition and regulation by either the national or the provincial governments, which are the "competent authorities" for enacting such legislation . Under section 174 (1) of the interim Constitution, though, there is a constitutional obligation on the "competent authority" to establish local government, which has to be "autonomous and, within the limits prescribed by or under law (...) entitled to regulate its affairs ." In section 174 (4), it is specifically provided that "Parliament or a provincial legislature shall not encroach on the powers, functions and structure of a local government to such an extent as to compromise the fundamental status, purpose and character of local government ." In terms of section 175 (2), the competent authority is also obliged to assign to a local government "such powers and functions as may be necessary to provide services for the maintenance and promotion of the well - being of all persons within its area of jurisdiction ." In section 175 (4), the interim Constitution specifically provides that a "local government shall have the power to make by - laws not inconsistent with this Constitution or an Act of Parliament or an applicable provincial law ." Section 178 (2) gives local government a taxing power subject to certain conditions . The constitutional status of local government is thus materially different from what it was when Parliament was supreme, when not only the powers but the very existence of local government depended entirely on superior legislatures . Although the detailed powers and functions of local governments have to be determined by laws of a competent authority, this does not mean that the powers they exercise are "delegated" powers; nor does it prevent the powers from being regarded as "original" and not "delegated ." </P>

Fedsure life assurance ltd and others v greater johannesburg