- Flynote
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Interdict to stop coal mining – interpretation of statutes – National
Environmental Management Act 107 of 1998 (NEMA) – environmental
authorisation to undertake listed activity under s 24 – whether required by holder
of mining right and environmental management programme in terms of the
Mineral and Petroleum Resources Development Act 28 of 2002 – no case made
out for interdict in founding papers – municipal approval of land use – Spatial
Planning and Land Use Management Act 16 of 2013, KwaZulu-Natal Planning
and Development Act 6 of 2008 and Mtubatuba Local Municipality Spatial
Planning and Land Use Management By-Law, 2017 – not required by virtue of
transitional arrangements – National Environmental Management Waste Act 59
of 2008 – waste management licence not required by reason of transitional
provision – non-compliance with the KwaZulu-Natal Heritage Act 4 of 2008 –
relocation of ancestral graves – no reasonable apprehension of harm – interdict
refused.
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Cited documents 26
Judgment 18
- Airports Company South Africa v Big Five Duty Free (Pty) Ltd and Others [2018] ZACC 33 (27 September 2018)
- Biowatch Trust v Registrar Genetic Resources and Others [2009] ZACC 14 (3 June 2009)
- Competition Commission of South Africa v Pickfords Removals SA (Pty) Ltd [2020] ZACC 14 (24 June 2020)
- Economic Freedom Fighters and Others v Speaker of the National Assembly and Another [2017] ZACC 47 (29 December 2017)
- Electoral Commission v Mhlope and Others [2016] ZACC 15 (14 June 2016)
- Independent Institute of Education (Pty) Ltd v Kwazulu-Natal Law Society and Others [2019] ZACC 47 (11 December 2019)
- Maccsand (Pty) Ltd v City of Cape Town and Others (CCT103/11) [2012] ZACC 7 (12 April 2012)
- Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Ltd and Another (Dlamini and Land Access Movement of South Africa as Amici Curiae) [2018] ZACC 41 (25 October 2018)
- Marshall NO and Others v Commissioner for the South African Revenue Service [2018] ZACC 11 (25 April 2018)
- Merafong City Local Municipality v AngloGold Ashanti Limited [2016] ZACC 35 (24 October 2016)
- Minister of Land Affairs and Agriculture and Others v D & F Wevell Trust and Others (171/2006) [2007] ZASCA 153 (28 November 2007)
- Minister of Mineral Resources v Stern N.O.and Others ; Treasure the Karoo Action Group and Another v Department of Mineral Resources and Others (1369/2017; 790/2018) [2019] ZASCA 99 (4 July 2019)
- Natal Joint Municipal Pension Fund v Endumeni Municipality (920/2010) [2012] ZASCA 13 (16 March 2012)
- National Council of Societies for the Prevention of Cruelty to Animals v Openshaw (462/2007) [2008] ZASCA 78 (30 May 2008)
- National Director of Public Prosecutions v Zuma (573/2008) [2009] ZASCA 1 (12 January 2009)
- Public Protector v South African Reserve Bank [2019] ZACC 29 (22 July 2019)
- Telkom SA SOC Limited v City of Cape Town and Another [2020] ZACC 15 (25 June 2020)
- Wightman t/a J W Construction v Headfour (Pty) Ltd and Another (66/2007) [2008] ZASCA 6 (10 March 2008)
Legislation 8
- Mineral and Petroleum Resources Development Act, 2002
- National Environmental Management Act, 1998
- National Environmental Management Amendment Act, 2008
- National Environmental Management Laws Amendment Act, 2014
- National Environmental Management: Waste Act, 2008
- National Heritage Resources Act, 1999
- Social Assistance Amendment Act, 2008
- Taxation Laws Second Amendment Act, 2008
Documents citing this one 4
Judgment 4
- Inzalo Enterprise Management Systems (Pty) Ltd v Mogale City Local Municipality and Another (2985/2022) [2022] ZAGPJHC 389 (21 June 2022)
- LA Group (Pty) Ltd v Stable Brands (Pty) Ltd and Another (650 of 2020) [2022] ZASCA 20 (22 February 2022)
- Mfolozi Community Environmental Justice Organisation and Others v Minister of Minerals and Energy and Others (82865/18) [2022] ZAGPPHC 718 (4 May 2022)
- Prozel 105 CC v Freegold (Harmony) (Pty) Ltd (2215/2022) [2023] ZAFSHC 80 (5 April 2023)