NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)

A notice of appeal filed on 3 July 2019 by a coalition of eight civil society and community non-profit organisations, represented by the Centre for Environmental Rights (CER), challenging the decision of the Gert Sibande District Municipal Planning Tribunal to approve a land-use change application for Portion 1 of the farm Yzermyn 96 HT in Mpumalanga Province.

• The Appellants argue that the District Planning Tribunal's decision is unlawful because a previous decision by the Dr Pixley Ka Isaka Seme Local Municipality Joint Planning Tribunal on 14 November 2018 had already dismissed the application. They contend that this initial dismissal remains legally effective unless set aside by a court of law.
• The appeal alleges that the District Planning Tribunal failed to consider the detailed objections submitted by the Appellants on 30 May 2018, which is a requirement under Section 53(1) of the SPLUM By-Law.
• The Appellants claim the approval constitutes 'incremental decision-making' because the application only covers land-use change for Yzermyn Portion 1, while the proposed mine's underground footprint extends to five other properties for which no land-use change has been applied for or granted.
• The proposed mining project involves surface infrastructure on Yzermyn Portion 1 and underground mining on Yzermyn Portion 1 and five other properties; the Appellants note that the majority of the underground mining footprint is located within the Mabola Protected Environment (MPE).
• The Appellants seek the revocation of the District Planning Tribunal's decision and the remittance of the matter back to the Tribunal. They further argue that the decision should be suspended pending the outcome of the appeal.
• The Appellants assert that the land development application affects the national interest and should have been referred to the Minister of Rural Development and Land Reform in accordance with Section 52 of SPLUMA.

APA

Centre for Environmental Rights (2019). NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013). https://cer.org.za/wp-content/uploads/2019/07/Coalition-Grounds-of-Appeal-03-07-2019.pdf?x21779

Chicago

Centre for Environmental Rights. NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013). 2019. https://cer.org.za/wp-content/uploads/2019/07/Coalition-Grounds-of-Appeal-03-07-2019.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013) |date=3 July 2019 |url=https://cer.org.za/wp-content/uploads/2019/07/Coalition-Grounds-of-Appeal-03-07-2019.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2019notice, author = {{Centre for Environmental Rights}}, title = {{NOTICE OF APPEAL IN TERMS OF SECTION 142 OF THE SPATIAL PLANNING AND LAND USE MANAGEMENT (SPLUM) BY-LAW FOR THE DR PIXLEY KA ISAKA SEME LOCAL MUNICIPALITY, READ WITH SECTION 51 OF SPATIAL PLANNING AND LAND USE MANAGEMENT ACT, 2013 (ACT NO. 16 OF 2013)}}, publisher = {Centre for Environmental Rights}, year = {2019}, month = jul, url = {https://cer.org.za/wp-content/uploads/2019/07/Coalition-Grounds-of-Appeal-03-07-2019.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }