Social Assistance Amendment Act, 2008

Interdict to stop coal mining – interpretation of statutes – National
Environmental Management Act 107 of 1998 (NEMA) – environmental
authorisation to undertake listed activity under s 24 – whether required by holder
of mining right and environmental management programme in terms of the
Mineral and Petroleum Resources Development Act 28 of 2002 – no case made
out for interdict in founding papers – municipal approval of land use – Spatial
Planning and Land Use Management Act 16 of 2013, KwaZulu-Natal Planning
and Development Act 6 of 2008 and Mtubatuba Local Municipality Spatial
Planning and Land Use Management By-Law, 2017 – not required by virtue of
transitional arrangements – National Environmental Management Waste Act 59
of 2008 – waste management licence not required by reason of transitional
provision – non-compliance with the KwaZulu-Natal Heritage Act 4 of 2008 –
relocation of ancestral graves – no reasonable apprehension of harm – interdict
refused.

Interpretation of a town planning scheme which applies
exclusively to Lifestyle Centre, Ballito – meaning of the phrase 'the total gross
lettable area (GLA) of the Property' – starting point is the language of the
zoning provision which must be construed in the light of its context, the
apparent purpose to which it is directed and material known to those
responsible for its production