Mafube Business Forum and Another v Mafube Local Muncipality and Others (1969/2021) [2022] ZAFSHC 7 (28 April 2022)

Mafube Business Forum and Another v Mafube Local Muncipality and Others (1969/2021) [2022] ZAFSHC 7 (28 April 2022)

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Cited documents 6

Act
4
Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration
Human Rights · Infrastructure and Transportation · Labour and Employment · Public administration
Environment, Climate and Wildlife · Infrastructure and Transportation · Public administration
Finance and Money
Judgment
2
Reported
Municipal planning includes rezoning and township approvals; DFA Chapters V–VI empowering provincial tribunals are unconstitutional.
Development Facilitation Act (Chapters V & VI) — municipal planning — whether "municipal planning" (Schedule 4 Part B) includes rezoning and township approvals — allocation of powers among national, provincial and local spheres — tribunals' authority to suspend application of laws — remedial suspension of declaration of invalidity — requirement to consider integrated development plans; prohibition on excluding Acts/by-laws; transitional protection for pending applications.
Reported
Court certified the amended constitutional text as complying with Constitutional Principles; provincial powers reduced but not substantially.
Constitutional law — certification of final constitutional text — scope of Court’s certification function — entrenchment and amendment procedures — Bill of Rights — states of emergency and non-derogable rights — state of national defence — provincial powers and national override (AT 146) — local government framework — transitional provisions — recognition/protection of traditional monarchs in provincial constitutions — national intervention in provincial executive obligations (AT 100) — independence of Public Protector, Auditor‑General and Public Service Commission — conclusion: AT complies with Constitutional Principles.

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