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R A Le Sueur and another v eThekwini Municipality and others (City of Cape Town as Amicus Curiae)

30 January 2013

High Court of the Republic of South Africa, KwaZulu-Natal Division, Pietermaritzburg

Case No. 9714/11

Date of judgment: 30 January 2013

Judge: Gyanda J

In this matter, Mr Le Sueur argued that the Durban Open Space Planning System adopted by eThekwini Municipality as part of its Town Planning Scheme was unconstitutional on the basis that, inter alia, it deals with environmental issues and that municipalities are not competent to legislate on environmental issues.

The court found against Mr Le Sueur and held that the adoption of the D-MOSS fell within the purview of “municipal planning”.

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For a critical analysis of this judgment, read an article by W Freedman

 

 

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Section 24of 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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