Tronox KZN Sands (Pty) Limited v KwaZulu-Natal Planning and Development Appeal Tribunal and Others: constitutional court judgment
Gert Roos
Alka Ramnath
Please see Stuart’s post on the SACPLAN LinkedIn group below.
Stuart Denoon-Stevens
Junior Lecturer at University of the Free State
Tronox KZN Sands (Pty) Ltd v KwaZulu-Natal Planning and Development Appeal Tribunal and Others (CCT114/15) [2016] ZACC 2 (29 January 2016)
Link to judgment:
http://saflii.org/za/cases/ZACC/2016/2.html
Summary:
http://www.constitutionalcourt.org.za/site/tron.htm
Basically, yet another judgment on the powers of provinces, municipalities and national government. Interesting quote in it from the Habitat Council judgment,
“This bogey must be slain. All municipal planning decisions that encompass zoning and subdivision, no matter how big, lie within the competence of municipalities. This follows from this Court’s analysis of “municipal planning” in Gauteng Development Tribunal.
Provincial and national government undoubtedly also have power over decisions so big, but their powers do not lie in vetoing zoning and subdivision decisions, or subjecting them to appeal. Instead, the provinces have co-ordinate powers to withhold or grant
approvals of their own.”[22] (Footnotes omitted.)"
This basically means that s5(1) and s52(5)(b) of SPLUMA, respectively, are unconstitutional given that they usurp the ability of municipalities to make decisions on zoning and subdivision:
“(Definition of municipal planning) s5(1) the control and regulation of the use of land within the municipal area where the nature, scale and intensity of the land use do not affect the provincial planning mandate of provincial government or the national interest.”
“(Development applications affecting the national interest) s52(5) The Minister, within 21 days of receipt of an application referred to him or her in terms of any of subsections (2), (3) or (4) and within a reasonable period after becoming aware of a land
development application that affects the national interest-
(a) may join as a party in such application; or
(b) may direct that such application be referred to him or her to decide.”
In short, watch this space, as undoubtedly this is going to the constitutional court for yet another judgment on this matter.
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