YZERMYN 96 REGISTRATION DIVISION HT: PORTION 1, MPUMALANGA PROVINCE APPLICATION FOR A CHANGE IN LAND USE NOTICE OF APPEAL

A notice of appeal filed on 8 January 2019 by a mining company against a decision by the Dr. Pixley Ka Isaka Seme Local Municipality's Joint Municipal Planning Tribunal. The Tribunal had dismissed the company's land use application on the grounds of lack of locus standi. The appellant argues that the decision ignored national law (SPLUMA) and violated procedural fairness under PAJA.

• The land development applicant is appealing a decision by the Joint Municipal Planning Tribunal of the Dr. Pixley Ka Isaka Seme Local Municipality, passed on 14 November 2018 and conveyed on 18 December 2018, which removed their application for a change in land use from the list of matters to be considered.
• The Joint Municipal Planning Tribunal based its decision on the finding that the land development applicant lacked proper locus standi, specifically that they were not authorised to act for the land owner under Section 90(1)(2) of the municipal by-law.
• The appellant argues that the Tribunal erred by applying Section 90(2) of the municipal by-law instead of Section 45(1)(c) of the Spatial Planning and Land Use Management Act, 2013 (SPLUMA), which allows a person to whom land has been made available for development by an Organ of State to submit an application.
• The appeal claims the Tribunal's action was procedurally unfair and in contravention of the Promotion of the Administrative Justice Act 2000 (PAJA) because the decision was made without a hearing or an opportunity for the applicant to present arguments.
• The land development applicant is a mining company holding a valid mining right issued by the National Department of Mineral Resources under the Mineral and Petroleum Resources Development Act (MPRDA).

APA

Centre for Environmental Rights (2019). YZERMYN 96 REGISTRATION DIVISION HT: PORTION 1, MPUMALANGA PROVINCE APPLICATION FOR A CHANGE IN LAND USE NOTICE OF APPEAL. https://cer.org.za/wp-content/uploads/2019/07/Annexure-F.pdf?x21779

Chicago

Centre for Environmental Rights. YZERMYN 96 REGISTRATION DIVISION HT: PORTION 1, MPUMALANGA PROVINCE APPLICATION FOR A CHANGE IN LAND USE NOTICE OF APPEAL. 2019. https://cer.org.za/wp-content/uploads/2019/07/Annexure-F.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=YZERMYN 96 REGISTRATION DIVISION HT: PORTION 1, MPUMALANGA PROVINCE APPLICATION FOR A CHANGE IN LAND USE NOTICE OF APPEAL |date=8 January 2019 |url=https://cer.org.za/wp-content/uploads/2019/07/Annexure-F.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2019yzermyn, author = {{Centre for Environmental Rights}}, title = {{YZERMYN 96 REGISTRATION DIVISION HT: PORTION 1, MPUMALANGA PROVINCE APPLICATION FOR A CHANGE IN LAND USE NOTICE OF APPEAL}}, publisher = {Centre for Environmental Rights}, year = {2019}, month = jan, url = {https://cer.org.za/wp-content/uploads/2019/07/Annexure-F.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }