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APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA

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The Centre for Environmental Rights (CER) is challenging the approval of a land-use change for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga. The CER argues that the approval by the Gert Sibande Joint Municipal Planning Tribunal is invalid because a previous decision by the Dr Pixley Ka Isaka Seme Local Municipality Joint Municipal Planning Tribunal to dismiss the application remains legally binding.

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  • The Dr Pixley Ka Isaka Seme Local Municipality Joint Municipal Planning Tribunal (the Pixley Tribunal) initially dismissed an application by Atha-Africa Ventures (Pty) Ltd (Atha) for a change in land-use for Portion 1 of the farm Yzermyn 96 HT. This decision, communicated on 30 November 2018, was based on the finding that the applicant lacked locus standi because they were neither the owner of the land nor authorized by the owner.
  • The Gert Sibande Joint Municipal Planning Tribunal (the Gert Sibande Tribunal) subsequently approved the land-use application on 29 April 2019, rezoning Portion 1 of the farm Yzermyn 96 HT from 'AGRICULTURE' to 'SPECIAL'.
  • The CER argues that the Gert Sibande Tribunal's approval is unlawful and invalid because the Pixley Tribunal's original dismissal was a final administrative action. The CER asserts that the Pixley Tribunal is 'functus officio' and its decision remains valid unless set aside by a court of law.
  • The CER highlights procedural irregularities regarding the transition between the two tribunals, noting that the Practice Group (representing Atha) claimed the first decision was 'erroneously communicated' via an unverified telephone call, and that registered objectors were not notified of any subsequent hearings.

Cite the original document

APA
Centre for Environmental Rights (2019). APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA. https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Municipalities-2-July-2019.pdf?x21779
Chicago
Centre for Environmental Rights. APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA. 2019. https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Municipalities-2-July-2019.pdf?x21779.
Wikipedia
{{cite press release |author=Centre for Environmental Rights |title=APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA |date=2 July 2019 |url=https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Municipalities-2-July-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}
BibTeX
@misc{centreforenvironmentalrights2019application, author = {{Centre for Environmental Rights}}, title = {{APPLICATION FOR CHANGE IN LAND-USE IN RESPECT OF PORTION 1 OF YZERMYN 96 HT, IN THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY AND THE GERT SIBANDE DISTRICT MUNICIPALITY, MPUMALANGA}}, publisher = {Centre for Environmental Rights}, year = {2019}, month = jul, url = {https://cer.org.za/wp-content/uploads/2019/07/CER-letter-to-Municipalities-2-July-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }

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