APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY

This document contains legal submissions by a coalition of eight environmental organisations, represented by the Centre for Environmental Rights, appealing a decision by the Gert Sibande District Joint Municipal Planning Tribunal. The appeal seeks to revoke the approval of a land-use change application by Atha-Africa Ventures (Pty) Ltd to enable the construction of the Yzermyn Underground Coal Mine on Portion 1 of the farm Yzermyn 96 HT, arguing that the decision is unlawful, environmentally catastrophic, and contrary to national water security interests.

• The Appellants argue that the decision to approve the land-use change is unlawful because a previous decision by the Local Planning Tribunal on 14 November 2018 to dismiss the application was never legally set aside by a court, meaning the Tribunal was 'functus officio'.
• The proposed mine area is situated in a strategically critical water source area, specifically the Enkangala Drakensberg Strategic Water Source Area, which provides water to Gauteng, South Africa's economic hub.
• Scientific reviews indicate that the mine would cause severe environmental harm through the dewatering of aquifers and the decant of contaminated groundwater and acid mine drainage, which could dry out wetlands and impact downstream users.
• The subject property is located in a 'protected area buffer zone' adjacent to the Mabola Protected Environment and falls within the 'Zone 1: Conservation' Environmental Management Zone, where mining is explicitly listed as an undesirable activity that is 'not allowed at all'.
• The Appellants claim the application constitutes a development affecting the national interest under section 52 of SPLUMA because it impacts endangered ecosystems (Wakkerstroom/Luneburg Grasslands) and international water obligations to Swaziland and Mozambique via the Usutu River System.
• The proposed mine is criticized for 'incremental decision-making', as the land-use change application only covers the surface infrastructure on Portion 1 of Yzermyn 96 HT, while the majority of the underground mining footprint falls within the Mabola Protected Environment without corresponding land-use applications.
• The Appellants assert that the project is socio-economically unsustainable, noting that the predicted 576 temporary jobs over a 15-year lifespan are unlikely to benefit local communities due to low local skill levels and would be outweighed by the loss of agricultural and tourism income.
• The submissions allege a failure in the administrative process, specifically regarding inadequate public participation and the failure of the District Municipal Planning Tribunal to consider the Appellants' formal objections or provide reasons for its decision.

APA

Centre for Environmental Rights (2019). APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY. https://cer.org.za/wp-content/uploads/2019/11/Appellants-Submissions-23-October-2019.pdf?x21779

Chicago

Centre for Environmental Rights. APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY. 2019. https://cer.org.za/wp-content/uploads/2019/11/Appellants-Submissions-23-October-2019.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY |date=23 October 2019 |url=https://cer.org.za/wp-content/uploads/2019/11/Appellants-Submissions-23-October-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2019appellants, author = {{Centre for Environmental Rights}}, title = {{APPELLANTS’ SUBMISSIONS IN TERMS OF SECTION 165 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY}}, institution = {Centre for Environmental Rights}, year = {2019}, month = oct, url = {https://cer.org.za/wp-content/uploads/2019/11/Appellants-Submissions-23-October-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }