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Constitutional Law [2013] ZAWCHC 112

Habitat Council and Another v Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape and Others; City of Cape Town v Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape and Others (6227/2013; 23061/2009)

Habitat Council and Another v Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape and Others; City of Cape Town v Provincial Minister of Local Government, Environmental Affairs and Development Planning in the Western Cape and Others (6227/2013; 23061/2009) [2013] ZAWCHC 112; 2013 (6) SA 113 (WCC) (14 August 2013)

Section 44 of LUPO is inconsistent with the Constitution because it permits the provincial authority to override municipal planning decisions, thereby undermining the exclusive competence of municipalities in municipal planning matters as set out in the Constitution. The constitutional scheme requires a clear demarcation between municipal and provincial planning powers, with provincial oversight limited to ensuring effective municipal performance, not substituting municipal decisions. The Court accepted the parties' concession of invalidity and found that the over-broad powers conferred by se…

  • Division Of Powers
  • Municipal Planning
  • Provincial Planning
  • Judicial Review
  • Retrospective Effects
  • Interim Relief
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