MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7

The Constitutional Court ruled that the Mineral and Petroleum Resources Development Act (MPRDA) does not override the Land Use Planning Ordinance (LUPO), meaning mining rights holders must still comply with land use zoning requirements. The court clarified that the MPRDA and LUPO serve different purposes—mining governance and land use regulation, respectively—and that their overlap does not constitute an impermissible intrusion of local government into national spheres. Additionally, the court refused to grant a declaratory order on the conflict between the MPRDA and the National Environmental Management Act (NEMA), dismissing the cross-appeal on the grounds that it lacked a chance of success.

• The Constitutional Court determined that the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA) does not supersede the Land Use Planning Ordinance 15 of 1985 (LUPO), and that the term 'relevant law' in section 23(6) of the MPRDA is broad enough to include LUPO.
• The court rejected the argument that requiring LUPO compliance for mining activities was an unjustified intrusion by local government into national government's exclusive terrain, stating that the two laws serve different purposes and that government spheres do not operate in isolation.
• The court concluded that there is no legislative conflict between the MPRDA and LUPO because they address different subject matter, and therefore section 146 of the Constitution is not applicable.
• The court declined to provide a general declaration on the conflict between the MPRDA and the National Environmental Management Act (NEMA), refusing the Province's leave to cross-appeal.

APA

Centre for Environmental Rights (2012). MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7. https://cer.org.za/wp-content/uploads/2012/05/Maccsand-v-City-of-Cape-Town-CC-2012.pdf?x21779

Chicago

Centre for Environmental Rights. MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7. 2012. https://cer.org.za/wp-content/uploads/2012/05/Maccsand-v-City-of-Cape-Town-CC-2012.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=MACCSAND (PTY) LTD v CITY OF CAPE TOWN & OTHERS CCT 103/11 [2012] ZACC 7 |date=2012 |url=https://cer.org.za/wp-content/uploads/2012/05/Maccsand-v-City-of-Cape-Town-CC-2012.pdf?x21779 |access-date=23 October 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrights2012maccsand, author = {{Centre for Environmental Rights}}, title = {{MACCSAND (PTY) LTD v CITY OF CAPE TOWN \& OTHERS CCT 103/11 [2012] ZACC 7}}, institution = {Centre for Environmental Rights}, year = {2012}, url = {https://cer.org.za/wp-content/uploads/2012/05/Maccsand-v-City-of-Cape-Town-CC-2012.pdf?x21779}, urldate = {2026-10-23}, note = {Indexed by Climate Insights Directory} }