FIRST RESPONDENT’S HEADS OF ARGUMENT

The City of Cape Town argues that mining rights granted under the Mineral and Petroleum Resources Development Act (MPRDA) do not exempt a holder from obtaining land use authorization under the Land Use Planning Ordinance (LUPO). The City contends that municipal planning is a constitutionally reserved local government function and that the Department of Mineral Resources (DME) does not make land use decisions when granting mining permits.

• The City of Cape Town argues that the Constitution reserves 'municipal planning' as an exclusive executive authority for local government, and that national or provincial legislation cannot validly confer these powers on other bodies. The City maintains that the Department of Mineral Resources (DME) cannot override municipal land use planning, as doing so would be 'inconsistent with the Constitution'.
• The City contends that the Mineral and Petroleum Resources Development Act (MPRDA) does not override land use legislation such as the Land Use Planning Ordinance (LUPO). It argues that the MPRDA determines who may exploit minerals but does not determine if that land use is permitted. The City points to sections 23(6) and 25(2)(d) of the MPRDA, which state that mining rights are subject to 'any relevant law'.
• The City asserts that the DME does not make land use planning decisions when granting mining rights because the criteria in section 23 of the MPRDA do not require the DME to consider land zoning. The City notes that the DME admitted it did not know the zoning of the Rocklands and Westridge dunes when granting the rights to Maccsand.

APA

Centre for Environmental Rights (n.d.). FIRST RESPONDENT’S HEADS OF ARGUMENT. https://cer.org.za/wp-content/uploads/2011/08/Maccsand-SCA-heads-final-City-of-Cape-Town.pdf?x21779

Chicago

Centre for Environmental Rights. FIRST RESPONDENT’S HEADS OF ARGUMENT. n.d. https://cer.org.za/wp-content/uploads/2011/08/Maccsand-SCA-heads-final-City-of-Cape-Town.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=FIRST RESPONDENT’S HEADS OF ARGUMENT |url=https://cer.org.za/wp-content/uploads/2011/08/Maccsand-SCA-heads-final-City-of-Cape-Town.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndfirst, author = {{Centre for Environmental Rights}}, title = {{FIRST RESPONDENT’S HEADS OF ARGUMENT}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/08/Maccsand-SCA-heads-final-City-of-Cape-Town.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }