The appellant, Thabo Mofutsanyana District Municipality, instituted proceedings against three respondents who were registered regional services levypayers. The municipality sought an order requiring the respondents to submit a true and proper statement of account, the debatement thereof, and other substantiating documents relating to regional services levy liabilities from March 2000 onwards. The respondents excepted to the particulars of claim on the basis that the facts pleaded did not sustain a valid cause of action, arguing that the municipality was not vested with powers to estimate levies or demand accounts and debatement from defaulting levypayers - such power resided with the Commissioner of the South African Revenue Service. The Free State High Court (Mocumie J) upheld the exception. The municipality appealed, arguing that if it had no such powers, the common law ought to be developed under section 39(2) of the Constitution to vest them with such powers.