Jacobs and Another v Transand (Pty) Ltd (11554/2014)
Jacobs and Another v Transand (Pty) Ltd (11554/2014) [2014] ZAWCHC 172 (14 November 2014)
The court found that the applicants established a clear right to interdict the mining activities, as the property was determined to be zoned Agriculture Zone 1 in 1999, which does not permit mining. The evidence showed that no rezoning or departure permitting mining had been granted since the lapse of the temporary departure in 2005. The mining activities conducted by Transand on the property are unlawful and constitute a contravention of the Land Use Planning Ordinance and scheme regulations, amounting to a criminal offence. The pactum de non petendo in the 2004 agreement does not preclude t…
Source excerpt
- Land Use Planning Ordinance
- Zoning And Land Use Rights
- Final Interdict
- Municipal Powers
- Contravention Of Scheme Regulations
- Pactum De Non Petendo