NOTICE TO OPPOSE AN APPEAL IN TERMS OF SECTION 144 OF THE CHIEF ALBERT LUTHULI, DIPALESENG, DR PIXLEY KA ISAKA SEME, LEKWA, MKHONDO AND MSUKALIGWA MUNICIPAL BY-LAW ON SPATIAL PLANNING AND LAND USE MANAGEMENT, 2016 (the LUM By-law”)

This document is a notice to oppose appeals lodged by the Centre for Environmental Rights (representing Earth Life Africa Johannesburg and others) and Werksmans Attorneys (representing the Pikkie Uys Trust and others). The appeals challenge a land development application for Portion 1 of the Farm Yzermyn 96 IT in Mpumalanga Province, which was approved by the Gert Sibande District Joint Municipal Planning Tribunal (JMPT) on 28 May 2019. The Second Respondent, Atha-Africa Ventures (Pty) Ltd, argues that it has the legal standing (locus standi) to apply for land development as a holder of a mining right granted by the National Department of Mineral Resources.

• Atha-Africa Ventures (Pty) Ltd (the Second Respondent) opposes the appeals filed on 2 July 2019 and 3 July 2019, seeking the full dismissal of the relief sought by the First and Second Appellants and the upholding of the JMPT resolution dated 28 May 2019.
• The Second Respondent argues that it possesses the necessary locus standi to lodge a land development application under Section 45(1) of the Spatial Planning and Land Use Management Act, 2013 (SPLUMA), asserting that the authorization of the registered land owner is not required for its application.
• The Second Respondent justifies its status as a valid land development applicant by stating that a Mining Right was granted for the property by the National Department of Mineral Resources, which constitutes a real right in the land and makes the land available for development by an organ of state.
• The Second Respondent contends that all objections to the application were recorded by the Municipality and answered in writing, and that the JMPT considered these before its decision, noting that the LUM By-Law does not require objectors to be invited to a hearing.

APA

Centre for Environmental Rights (n.d.). NOTICE TO OPPOSE AN APPEAL IN TERMS OF SECTION 144 OF THE CHIEF ALBERT LUTHULI, DIPALESENG, DR PIXLEY KA ISAKA SEME, LEKWA, MKHONDO AND MSUKALIGWA MUNICIPAL BY-LAW ON SPATIAL PLANNING AND LAND USE MANAGEMENT, 2016 (the LUM By-law”). https://cer.org.za/wp-content/uploads/2019/08/Practice-Group-Notice-to-Oppose.pdf?x21779

Chicago

Centre for Environmental Rights. NOTICE TO OPPOSE AN APPEAL IN TERMS OF SECTION 144 OF THE CHIEF ALBERT LUTHULI, DIPALESENG, DR PIXLEY KA ISAKA SEME, LEKWA, MKHONDO AND MSUKALIGWA MUNICIPAL BY-LAW ON SPATIAL PLANNING AND LAND USE MANAGEMENT, 2016 (the LUM By-law”). n.d. https://cer.org.za/wp-content/uploads/2019/08/Practice-Group-Notice-to-Oppose.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=NOTICE TO OPPOSE AN APPEAL IN TERMS OF SECTION 144 OF THE CHIEF ALBERT LUTHULI, DIPALESENG, DR PIXLEY KA ISAKA SEME, LEKWA, MKHONDO AND MSUKALIGWA MUNICIPAL BY-LAW ON SPATIAL PLANNING AND LAND USE MANAGEMENT, 2016 (the LUM By-law”) |url=https://cer.org.za/wp-content/uploads/2019/08/Practice-Group-Notice-to-Oppose.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndnotice, author = {{Centre for Environmental Rights}}, title = {{NOTICE TO OPPOSE AN APPEAL IN TERMS OF SECTION 144 OF THE CHIEF ALBERT LUTHULI, DIPALESENG, DR PIXLEY KA ISAKA SEME, LEKWA, MKHONDO AND MSUKALIGWA MUNICIPAL BY-LAW ON SPATIAL PLANNING AND LAND USE MANAGEMENT, 2016 (the LUM By-law”)}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2019/08/Practice-Group-Notice-to-Oppose.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }