Minister for Mineral Resources v Swartland Municipality and Others

The Hugo Louw Trust owned a farm zoned Agricultural I under the Land Use Planning Ordinance 15 of 1985 (LUPO). The Trust permitted Elsana Quarry (Pty) Ltd to mine granite on the farm. Although Elsana initially applied for rezoning to permit mining, it withdrew the application after advice from the Department of Mineral Resources that rezoning was unnecessary. In February 2009, the Minister for Mineral Resources granted Elsana a 30‑year mining right under section 23 of the Mineral and Petroleum Resources Development Act 28 of 2002 (MPRDA). Mining commenced, leading to complaints from neighbouring landowners. The Swartland Municipality contended that mining was unlawful without rezoning under LUPO and obtained an interdict from the High Court restraining mining until rezoning occurred. The Minister appealed, arguing that LUPO did not apply to land subject to a mining right under the MPRDA.

Leave to appeal was granted, but the appeal was dismissed. The Minister for Mineral Resources was ordered to pay the costs of Swartland Municipality and the MEC for Local Government, Environmental Affairs and Development Planning, Western Cape, including the costs of two counsel.

This case confirms the concurrent operation of national mining legislation and municipal land use planning laws. It is a key Constitutional Court authority, together with Maccsand v City of Cape Town, establishing that a mining right does not trump municipal zoning requirements, thereby affirming the constitutional role of local government in land use regulation.