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Drift Supersand (Pty) Ltd v Mogale City Local Municipality and another

25 September 2017

Supreme Court of Appeal 

Citation: Drift Supersand (Pty) Ltd v Mogale City Local Municipality (1185/2016) [2017] ZASCA 118 (22 September 2017)

Date: 22 September 2017

Judge: Leech JA (Navsa ADP, Petse JA and Molemela and Mokgohloa AJJA concurring)

This matter deals with the interpretation of the Town-Planning and Townships Ordinance. The Court held that owners of land in close proximity to a township development has standing as an interested person to challenge the establishment of a township. The court also found that in this case, the interested party challenging the establishment of the township had a legitimate expectation of a hearing by the municipal tribunal. The failure by the municipality to hold a heating was found to be procedurally unfair. Furthermore, the Court held that the interested party excluded from that process was not obliged to pursue internal appeal against such decision before seeking to review the administrative action taken.

 

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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