n Stellenbosch Law Review = Stellenbosch Regstydskrif - in the Constitutional Court : dodging the NEMA issue
[Discussion of 2012 4 SA 181 (CC)]

Volume 24, Issue 1
  • ISSN : 1016-4359
  • E-ISSN: 1996-2193



While the Constitutional Court's decision in 2012 4 SA 181 (CC) has laid down an important principle on the relationship between the Mineral and Petroleum Resources Development Act 28 of 2002 ("MPRDA") and the Land Use Planning Ordinance 15 of 1985 ("LUPO"), it avoided dealing with the second prong of this matter - namely the relationship between the MPRDA and the National Environmental Management Act 107 of 1998 ("NEMA"). In dispensing with this issue, this note argues that the court applied law which is not yet in force and failed to properly conceptualise the real legal issue or understand what is at stake. The court's findings on the relationship between the MPRDA and the LUPO nevertheless provide some guidance on the manner in which the relationship between the MPRDA and the NEMA should be managed.

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