set the rates, to levy the contribution and to pay a subsidy out of public funds, cannot be classed as administrative action as contemplated by section 24 of the interim Constitution. In the past, the action of a municipal council in setting rates was considered to be an action that was subject to judicial review on the principles of administrative law, but the principles upon which that jurisprudence was based are no longer applicable. It follows that the imposition of rates and levies, and the payment of the subsidies, do not constitute "administrative action" under section 24 of the interim Constitution. Judgment The Court accordingly held that the rates imposed by the first respondent, the transitional metropolitan council, and its four metropolitan substructures, the levies paid by two of the substructures to the first respondent and the subsidies paid by the first respondent to the other two substructures, in terms of the powers conferred on them by the interim Constitution, read with Premier's Proclamations 24 of 1994 (Gauteng), 35 of 1995 (Gauteng) and 42 of 1995 (Gauteng), which were enacted in terms of section 10 of the Local Government Transition Act, did not constitute "administrative action" under section 24 of the interim Constitution. The primary provisions of the interim Constitution regulating local government are contained in Chapter 10. To the extent, therefore, that a local government acts in breach of one of the direct and mandatory provisions of Chapter 10, it is clear that that infringement will be in breach of the Constitution and subject to constitutional challenge. Local government is also subject to Chapter 3 of the interim Constitution. It is also clear from Chapter 10 that the powers, functions and structures of local government provided for in the Constitution will be supplemented by powers, functions and structures provided for in other laws made by a competent authority. There is no doubt, the court held, that the common-law principles of ultra vires remain under the new constitutional order. However, they are underpinned (and supplemented where necessary) by a constitutional principle of legality. In relation to "administrative action," the principle of legality is enshrined in section 24(a) of the Constitution. In relation to legislation, and to executive acts that do not constitute "administrative action," the principle of legality is necessarily implicit in the Constitution. The question, therefore, of whether or not local governments act intra vires in imposing rates and