MADLANGA J
“It was . . . inevitable that the alteration of provincial boundaries would impact on
municipal boundaries. This is implicit in the power to alter provincial boundaries. It is
trite that the power to do that which is expressly authorised includes the power to do
that which is necessary to give effect to the power expressly given. The power of
Parliament to redraw provincial boundaries therefore includes the power that is
reasonably necessary for the exercise of its power to alter provincial boundaries.”98
[65]
What I refer to as an ancillary power arises in the context of one power being
necessary in order for an unquestionably existing power to be exercised.
[66]
Examples of implied powers that I have picked up from academic writings have
also been about implied ancillary powers. Hoexter says:
“As a general rule, express powers are needed for the actions and decisions of administrators.
Implied powers may, however, be ancillary to the express powers, or exist either as a necessary
or reasonable consequence of the express powers. Thus ‘what is reasonably incidental to the
proper carrying out of an authorised act must be considered as impliedly authorised’.”99
[67]
According to De Ville—
“[w]hen powers are granted to a public authority, those granted expressly are not the
only powers such public authority will have. The powers will include those which are
reasonably necessary or required to give effect to and which are reasonably or properly
ancillary or incidental to the express powers that are granted.” 100
[68]
Baxter says something that is to similar effect as what Hoexter and De Ville say.
He says:
“Powers may be presumed to have been impliedly conferred because they constitute a logical
or necessary consequence of the powers which have been expressly conferred, because they are
98
Matatiele Municipality above n 86 at para 50.
99
Hoexter Administrative Law in South Africa (Juta, Cape Town 2012) at 43-4.
100
De Ville Judicial Review of Administrative Action in South Africa (LexisNexis Butterworths, 2003) at 108.
40