Minister for Mineral Resources v Swartland Municipality and Others (CCT 102/11) [2012] ZACC 8; 2012 (7) BCLR 712 (CC) (12 April 2012)

Minister for Mineral Resources v Swartland Municipality and Others (CCT 102/11) [2012] ZACC 8; 2012 (7) BCLR 712 (CC) (12 April 2012)

The Constitutional Court held that the MPRDA and LUPO operate concurrently. The granting of a mining right under the MPRDA does not exempt the holder from complying with land use zoning requirements under LUPO. Mining operations may only commence if the land is appropriately zoned in terms of LUPO. The Court found...

Source-derived case information.

Citation
[2012] ZACC 8
Parties
Applicant: Minister for Mineral Resources; Respondent: Swartland Municipality; Respondent: Hugo Wiehahn Louw N.O.; Respondent: Cornelia Johanna Elizabeth Louw N.O.; Respondent: Ignatius Viljoen N.O.; Respondent: Izak Bartholomeas van der Vyfer N.O.; Respondent: Elsana Quarry (Pty) Ltd; Respondent: MEC for Local Government, Environmental Affairs and Development Planning, Western Cape Province
Court
Constitutional Court
Jurisdiction
South Africa
Case Number
CCT 102/11
Procedural Posture
Leave to Appeal / Constitutional Court Judgment on Appeal From Supreme Court of Appeal
Outcome
Leave to appeal granted; appeal dismissed; costs awarded against the Minister for Mineral Resources.
Judges
Jafta, Mogoeng, Yacoob, Cameron, Froneman, Khampepe, Maya, Nkabinde, Skweyiya, Van der Westhuizen, Zondo
Legal Topics
Land Use Planning, Mining Rights, Municipal Powers, Rezoning, Concurrent Jurisdiction, Constitutional Competence
Constitutional Law Land and Property Administrative Law Land Use Planning Mining Rights Municipal Powers Rezoning Concurrent Jurisdiction +1 more

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Parties

Minister for Mineral Resources

Applicant

Swartland Municipality

Respondent

Hugo Wiehahn Louw N.O.

Respondent

Cornelia Johanna Elizabeth Louw N.O.

Respondent

Ignatius Viljoen N.O.

Respondent

Izak Bartholomeas van der Vyfer N.O.

Respondent

Elsana Quarry (Pty) Ltd

Respondent

MEC for Local Government, Environmental Affairs and Development Planning, Western Cape Province

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Judgment on Appeal From Supreme Court of Appeal

  1. 1 Does the granting of a mining right under the Mineral and Petroleum Resources Development Act (MPRDA) exempt the holder from complying with land use zoning requirements under the Land Use Planning Ordinance (LUPO)?
  2. 2 Do the MPRDA and LUPO operate concurrently, requiring compliance with both before mining operations may commence?
  3. 3 Is it constitutionally permissible for provincial land use legislation to regulate land used for mining?

Ratio Decidendi

The Constitutional Court held that the MPRDA and LUPO operate concurrently. The granting of a mining right under the MPRDA does not exempt the holder from complying with land use zoning requirements under LUPO. Mining operations may only commence if the land is appropriately zoned in terms of LUPO. The Court found that LUPO regulates land use planning, while the MPRDA governs mining activities. Both statutes must be complied with, and provincial land use planning legislation is constitutionally valid. The appeal was dismissed, confirming that rezoning is required before mining operations may begin, even where a mining right has been granted.

Court Disposition

Leave to appeal granted; appeal dismissed; costs awarded against the Minister for Mineral Resources.

Orders

  • Leave to appeal is granted.
  • The appeal is dismissed.