IMPACT OF THE 19 NOVEMBER 2024 CONSTITUTIONAL COURT JUDGEMENT
On 19 November 2024, the Constitutional Court handed down its decision in the matter between the Emalahleni Local Municipality vs Glencore Operations South Africa (Pty) Ltd and others under case number CCT191/22, with regards to section 86 of the Emalahleni Local Municipality Spatial Planning and Land Use Management 2016 by-law.
Section 86 has been declared to be invalid and we accordingly hereby give notice in terms of section 21 of the Local Government: Municipal Systems Act, 32 of 2000, as amended, that as of 19 November 2024, the Municipality will comply with the decision handed down by the Constitutional Court.
Kindly take notice that the Constitutional Court’s decision does not operate with retrospective effect, therefore any fees paid for applications made prior to 19 November 2024, will not be refunded by the Municipality.
Should any fees have paid for applications made after 19 November 2024, such fees will be refunded by the Municipality, which refund process will be communicated in due cause.
Communication Unit