Constitutional Court rules on controversial mining rights

cost of iron ore pellet plant

South Africa's Constitutional Court has ruled that Mining rights granted by the national government do not trump municipal planning schemes and brought an end to miners getting "special treatment"

The judgement means that holders of mining rights will no longer be able to mine until the land has been zoned for mining.

The judgment confirmed that mining operations and mining companies had to comply with all laws, and that the Mineral and Petroleum Resources Development Act (MPRDA) did not trump other legislation, including provincial legislation such as the Land Use Planning Ordinance.

The court dismissed an application by mining company Maccsand, which had applied to the court to set aside the Supreme Court of Appeal judgment that held that the holder of a mining right granted under the MPRDA could not proceed to mine unless the Western Cape’s Land Use Planning Ordinance permitted mining on the land concerned.

Melissa Fourie, executive director of the Centre for Environmental Rights, said the Concourt’s “crucial” judgment confirmed that mining operations and mining companies had to comply with all laws, and that the national Mineral and Petroleum Resources Development Act did not trump other legislation.