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Maccsand Pty Ltd and others v and City of Cape Town and others 2011

April 12, 2012 at 12:00 am

Constitutional Court
Case Number or  Citation: CCT 103/11
Date: 12 April 2012
Judge/s: Jafta, J (all other judges concurring)
Type of application: Appeal
Legislation considered include: Constitution of the Republic of South Africa, 1996; Land Use Planning Ordinance, 1985; Minerals and Petroleum Resources Development Act, 2002; National Environmental Management Act, 1998
Also known as: Maccsand
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Supreme Court of Appeal
Case Number or  Citation: 709/2010 and 746/2010
Date: 23 September 2011
Judge/s: Harms, AP, Cloete Shongwe and Wallis JJA and Plasket AJA (judgement written by Plasket AJA)
Type of application: Appeal
Legislation considered include: Constitution of the Republic of South Africa, 1996; Land Use Planning Ordinance, 1985; Minerals and Petroleum Resources Development Act, 2002; National Environmental Management Act, 1998
Also known as: Maccsand
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Western Cape High Court
Case Number or  Citation: 4217/09 and 5932/09
Date: 20 August 2010
Judge/s: Davis, J. and Baartman, J.
Type of application: Declarator and interdict
Legislation considered include: Constitution of the Republic of South Africa, 1996; Land Use Planning Ordinance, 1985; Minerals and Petroleum Resources Development Act, 2002; National Environmental Management Act, 1998
Also known as: Maccsand
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You can download the following Heads of Argument for the SCA here:

Both the Department of Mineral Resources and Maccsand have applied to the Constitutional Court for leave to appeal against the SCA’s decision. The Western Cape Minister of Local Government, Environmental Affairs and Development Planning has applied for the Constitutional Court for leave to cross-appeal conditionally, to cross-appeal and for direct access to the Court:

Media coverage:

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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National Environmental Crimes & Incidents Hotline (24 hours): 0800 205 005

In addition, there are a number of national and provincial hotlines that may be useful.

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