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Pieterse NO v Lephalale Local Municipality (CCT184/16) [2016] ZACC 40; 2017 (2) BCLR 233 (CC) (10 November 2016)
The Constitutional Court confirmed that section 139 of the Town-planning and Townships Ordinance is unconstitutional because it lets a province appeal municipal planning decisions.
Tronox KZN Sands (Pty) Ltd v KwaZulu-Natal Planning and Development Appeal Tribunal and Others (CCT114/15) [2016] ZACC 2; 2016 (4) BCLR 469 (CC); 2016 (3) SA 160 (CC) (29 January 2016)
Section 45 of the KwaZulu-Natal Planning and Development Act 6 of 2008 is constitutionally invalid because it authorises provincial interference in municipal planning decisions, which are exclusively within the competence of municipalities under section 156(1) of the Constitution. The Appeal Tribunal, established by provincial legislation, subjects municipalities to an appeal process without their consent, thereby eroding municipal autonomy. The independence of the Tribunal and its expert composition do not cure the constitutional defect, as the power to manage municipal planning cannot be in…
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Tronox KZN Sands (Pty) Ltd v KwaZulu-Natal Planning And Development Appeal Tribunal and Others (9645/14) [2015] ZAKZPHC 42 (3 June 2015)
The court found that section 45 and Chapter 10 of the KwaZulu-Natal Planning and Development Act, 2008, impermissibly interfere with the constitutionally entrenched powers of municipalities by subjecting municipal planning decisions to appeal before a provincially appointed tribunal. This appellate structure usurps municipal autonomy and is indistinguishable from previously invalidated provincial appeal mechanisms. The Constitution allocates municipal planning as an exclusive municipal function, and provincial oversight through appeals is not justified by constitutional provisions supporting…
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