Centre for Environmental Rights – Advancing Environmental Rights in South Africa

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:

• Heads of Argument: Department of Mineral Resources (Second Appellant)
• Heads of Argument: City of Cape Town (First Respondent)
• Heads of Argument: Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province (Fourth Respondent)

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:

• DMR’s Application for Leave to Appeal to the Constitutional Court
• Maccsand’s Application for Leave to Appeal to the Constitutional Court
• Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province’s Application to the Constitutional Court for Leave to Conditionally Cross-Appeal, to Cross-Appeal and for Direct Access
• City of Cape Town’s Answering Affidavit
• Maccsand’s Answering Affidavit to Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province’s Application for Leave to Conditionally Cross-Appeal, to Cross-Appeal and for Direct Access
• DMR’s Answering Affidavit to Minister of Local Government, Environmental Affairs and Development Planning, Western Cape Province’s Application for Leave to Conditionally Cross-Appeal, to Cross-Appeal and for Direct Access
• Submissions by the Minister of Environmental Affairs

Media coverage:

• Line in the sand, Financial Mail, 22 April 2010
• Ruling ties DMR’s hand in municipalities, MiningMx, 27 September 2011
• Shabangu to take issue of mine zoning to top court, Business Day, 27 September 2011
• ConCourt makes mine zoning judgement, MiningMX, 12 April 2012
• Green lobby, land owners win big in Maccsand case, MiningMX, 13 April 2012
• Mining rights seriously diluted, Sake24, 15 April 2012
• Lawyers hail key ruling on mining rights, Cape Argus, 16 April 2012
• Court ends “special treatment” for mining, Business Day, 17 April 2012
• Holistic view demands municipal inclusion, The Star, 19 April 2012