[miningmx.com] — THE Constitutional Court would be asked to rule on whether municipalities had the right to decide over zoning for mining projects, the minerals resources department told Business Day.
This was after the Supreme Court of Appeal last week judged that local government did not have this power, in effect stopping mining at a Swartland granite quarry and a sand quarry in Mitchells Plain, the newspaper reported.
Depending on the ConCourt’s decision, this could affect many mines in South Africa which may not have the correct zoning authority in terms of local municipalities, Business Day said citing sources.
Chamber of Mines legal adviser Anton van Achterbergh told Business Day he had “no idea now many mines could be said to have contravened local zoning rules”.
Each case would have to be investigated individually, and the judgment’s relevance would depend on the wording of each provincial ordinance, and each municipality’s zoning rules, he told Business Day.
