MACCSAND (PTY) LTD & MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN & OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011)

This case study details a Supreme Court of Appeal decision regarding the interaction between the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA), the Land Use Planning Ordinance 15 of 1985 (LUPO), and the National Environmental Management Act 107 of 1998 (NEMA). The court ruled that the MPRDA does not override municipal land use regulations under LUPO, but it declined to rule on the relationship between the MPRDA and NEMA due to a technicality involving the repeal of specific listing notices.

• The Supreme Court of Appeal determined that the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) does not displace the Land Use Planning Ordinance 15 of 1985 (LUPO). The court found that the MPRDA does not provide a "surrogate municipal planning function" and that a holder of a mining right or permit cannot mine unless LUPO allows for the use of the land in question.
• The court upheld the appeal regarding the relationship between the MPRDA and the National Environmental Management Act 107 of 1998 (NEMA) based on a technicality. Because Government Notice R386 was repealed and replaced by 2010 listed activities on 2 August 2010—18 days before the Western Cape High Court judgment—the court ruled the activities being contravened "were no longer in operation and could not be contravened in the future".
• The court refused to provide declaratory relief or guidance on the relationship between the MPRDA and NEMA, citing section 19(1)(a)(iii) of the Supreme Court Act 59 of 1959. It held that it would not pronounce upon abstract or academic points of law and that its function is not to "act as an advisor".
• The decision leaves unresolved whether mining operations can continue or start without the necessary environmental authorizations required by NEMA.

APA

Centre for Environmental Rights (n.d.). MACCSAND (PTY) LTD & MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN & OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011). https://cer.org.za/wp-content/uploads/2011/12/Maccsand-Pty-Ltd-v-City-of-Cape-Town_SCA.pdf?x21779

Chicago

Centre for Environmental Rights. MACCSAND (PTY) LTD & MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN & OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011). n.d. https://cer.org.za/wp-content/uploads/2011/12/Maccsand-Pty-Ltd-v-City-of-Cape-Town_SCA.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=MACCSAND (PTY) LTD & MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN & OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011) |url=https://cer.org.za/wp-content/uploads/2011/12/Maccsand-Pty-Ltd-v-City-of-Cape-Town_SCA.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndmaccsand, author = {{Centre for Environmental Rights}}, title = {{MACCSAND (PTY) LTD \& MINISTER OF MINERAL RESOURCES v CITY OF CAPE TOWN \& OTHERS (CHAMBER OF MINES AS AMICUS CURIAE) (709/2010, 746/2010) [2011] ZASCA 141 (23 September 2011)}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/Maccsand-Pty-Ltd-v-City-of-Cape-Town_SCA.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }