MEDIA RELEASE
NO. 624 / 2010
25 AUGUST 2010


The City of Cape Town welcomes the Western Cape High Court judgement, granted on Friday 20 August 2010 with costs, against Maccsand (Pty) Ltd and the National Department of Minerals, which finally prohibited the illegal mining of sand at the Rocklands and Westridge Dunes, Mitchells Plain.

The judgement, confirming an interim order granted in February 2009, interdicted Maccsand from mining without prior Land Use Planning Ordinance (LUPO) and environmental authorization. These dunes, in respect of which the Department of Minerals issued authorisation to mine, are zoned public open spaces owned by the City of Cape Town. Mining is accordingly not a lawful use of the land.

“We are glad that the High Court took the decision to stop sand mining in an ecologically sensitive environment home to threatened plant species”, said Alderman Marian Nieuwoudt, Mayoral Committee Member for Planning and Environment.

The judgement reinforces the status of LUPO, which is a Provincial Ordinance enforced by Local Government. The court rejected the argument of Maccsand and the national department that the national legislation regulating mining trumps LUPO and the requirement for environmental authorisation.

“The fact that costs were awarded against Maccsand and the National Department not only indicates the decisiveness of the Court, but also supports the City’s stance that we are serious about protecting our natural and built environment”, Nieuwoudt added.

The Western Cape Provincial Government supported the City in its application for a final interdict, on the basis that an environmental authorisation, which they have the authority to issue, had not been granted.

‘The City has a responsibility to see that development takes place in an orderly and sustainable manner. It is for this reason that we are serious about the proper management of land use, urban development and protecting the environment”, said Nieuwoudt.


End

Issued by:
Communication Department, City of Cape Town

Media enquiries:
Keith Wiseman, Manager: Environmental Resource Management
Tel: 021 487 2283 Cell: 084 213 9482