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Pieterse N.O. and another v Lephalale Local Municipality and others

10 November 2016

Constitutional Court 

Citation: [2016] ZACC 40

Date: 10 November 2016

Judges: THE COURT (Mogoeng CJ, Nkabinde ADCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J)

In this matter, the Court confirmed a decision by the High Court of South Africa, Gauteng Division, Pretoria declaring section 139 of the Town-planning and Townships Ordinance, 1986 constitutionally invalid. The order is not retrospective and all appeals launched in terms of section 139 and pending as at 10 November 2016 must continue in terms of section 139 until finalised.

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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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