APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT

The Centre for Environmental Rights (CER) submitted a formal statement to the Dr Pixley Ka Isaka Seme Local Municipality challenging a land use application for Portion 1 of the Farm Yzermyn 96 HT. The CER argues that the application for rezoning is legally flawed because no town-planning scheme exists for the area, and that the process has failed to meet statutory requirements for public notice and inspection.

• The application for the rezoning of Portion 1 of the Farm Yzermyn 96 HT is legally misconceived because there is no town planning scheme currently in place for the Dr Pixley Ka Isaka Seme Local Municipality for land outside of Volksrust, nor has a land use scheme under the Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) been approved for that area.
• Because the property was lawfully used for agricultural purposes before SPLUMA commenced on 1 July 2015, any transition to mining purposes requires an application for a change of land use under section 26(4) of the SPLUMA, rather than a rezoning application.
• Public notices published in the Volksrust Recorder on 6 January 2017 and 3 February 2017 were defective as they provided fewer than the required 30 days for objections, lacked valid contact details for the agent (Uphondolwendlovu Town Planners (Pty) Ltd), and omitted contact details for the relevant municipal employee.
• The application was not available for public inspection during the advertised period. Attempts by the Endangered Wildlife Trust and other representatives to view the documents at the Municipality's offices were unsuccessful, and the agent refused to provide an electronic copy.
• The CER disputes Atha-Africa Ventures (Pty) Ltd's claim that the Municipal Manager is the sole 'authorised official' for determining the application, asserting that under SPLUMA and its regulations, such applications must generally be heard by a Municipal Planning Tribunal unless specific categorisation criteria have been met by the Council.

APA

Centre for Environmental Rights (2017). APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT. https://cer.org.za/wp-content/uploads/2018/06/Annexure-D2.pdf?x21779

Chicago

Centre for Environmental Rights. APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT. 2017. https://cer.org.za/wp-content/uploads/2018/06/Annexure-D2.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT |date=15 February 2017 |url=https://cer.org.za/wp-content/uploads/2018/06/Annexure-D2.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017application, author = {{Centre for Environmental Rights}}, title = {{APPLICATION FOR AMENDMENT OF THE RELEVANT TOWN-PLANNING SCHEME AND IN TERMS OF SECTION 66 OF AN APPLICABLE PIXLEY KA SEME MUNICIPAL PLANNING LAND USE BY-LAW AND IN TERMS OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT ACT 16 OF 2013 (SPLUMA) FOR THE REZONING OF PORTION 1 OF THE FARM YZERMYN 96 HT}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = feb, url = {https://cer.org.za/wp-content/uploads/2018/06/Annexure-D2.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }