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Article: outcome may set legal precedent Control of mining resources the focus of court battle.(News)
- Article from:
- Cape Times (South Africa)
- Article date:
- November 5, 2009
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BYLINE: KAREN BREYTENBACH Justice Writer
A COURT battle over mining rights the national government granted to a Malmesbury farmer, but which were opposed by the Swartland Municipality, could set a legal precedent on the ultimate control over mineral resources.
The municipality is asking for a final interdict in the Western Cape High to stop the mining pending the rezoning of the land.
But it was argued yesterday in court that the municipality could not stop the mining by way of the Land Use Planning Ordinance (Lupo) of 1985, which was valid only in the Western Cape.
Lupo, it was argued, was unconstitutional and superseded since the ...