n Without Prejudice - Legislative powers of the three tiers of government are complementary : the law

Volume 10, Issue 5
  • ISSN : 1681-178X



The post-constitutional shift from strict hierarchal divisions among national, provincial and municipal government toward three spheres of government with equivalent status in their constitutionally defined areas of legislative competence was recognised in (Western Cape High Court, December 21 2009). The court interdicted mining on a farm in terms of a mining licence awarded under the Mineral & Petroleum Resources Development Act, 2002 (the MPRDA) until the farm was rezoned by the Municipality in accordance with provincial legislation to a zone permitting mining activities.

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