APPLICANTS’ PRACTICE NOTE

This practice note outlines a legal application in the High Court of South Africa, Mpumalanga Division, seeking to review and set aside decisions regarding a land use change from agriculture to mining on Portion 1 of the farm Yzermyn 96.

• The applicants are seeking the review and setting aside of two specific decisions: the Gert Sibande District Joint Municipal Planning Tribunal's approval of a land use change on Portion 1 of the farm Yzermyn 96 from agriculture to mining and ancillary purposes, and the subsequent dismissal of the applicants' appeal against that decision by the Dr Pixley Ka Isaka Seme Local Municipality: Municipal Appeal Authority.
• The court is asked to determine if the Tribunal and appeal decisions should be set aside based on whether they were "unlawful, irrational, or unreasonable."
• The application includes a request for a stay of determination pending the finalisation of other reviews concerning Uthaka Energy (Pty) Ltd, specifically regarding a mining right, environmental authorisation, and a water use license appeal.
• The Tribunal and appeal authority have raised several preliminary legal issues for the court to decide, including the applicants' locus standi, the joinder of all interested parties, the existence of pending litigation on the same cause of action, and the relevance of the principle of subsidiarity.
• A dispute has arisen regarding the admissibility of Uthaka Energy (Pty) Ltd's heads of argument, as the company did not file an answering affidavit in the review proceedings.

APA

Centre for Environmental Rights (n.d.). APPLICANTS’ PRACTICE NOTE. https://cer.org.za/wp-content/uploads/2023/12/Applicants-Practice-Note-31-10-2023.pdf?x21779

Chicago

Centre for Environmental Rights. APPLICANTS’ PRACTICE NOTE. n.d. https://cer.org.za/wp-content/uploads/2023/12/Applicants-Practice-Note-31-10-2023.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPLICANTS’ PRACTICE NOTE |url=https://cer.org.za/wp-content/uploads/2023/12/Applicants-Practice-Note-31-10-2023.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndapplicants, author = {{Centre for Environmental Rights}}, title = {{APPLICANTS’ PRACTICE NOTE}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2023/12/Applicants-Practice-Note-31-10-2023.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }