Corporate tries to trump mining appeals
Tronox KZN Sands takes Appeals Tribunal to High Court.
AS unyielding appeals continue to stall the development of Fairbreeze Mine, Tronox KZN Sands prepares to fight the constitutionality of sections of the Planning and Development Act in the Pietermaritzburg High Court.
On 4 May, the company will seek to stop the Provincial Appeals Tribunal’s decision to suspend approval of land use to mine a plot south of Mtunzini.
‘The company’s application was approved by the Municipality in February last year and Tronox was granted the land use rights it requested,’ said Tronox spokesperson Bud Grebey.
‘Two parties subsequently appealed the approval, which temporarily suspended the approval pending review of a Provincial Appeals Tribunal.’
However, Grebey explained the plot thickened in May last year when the Constitutional Court confirmed a Western Cape High Court’s ruling that a Western Cape land use planning order was unconstitutional and invalid.
‘With that earlier ruling in mind, we have asked the Pietermaritzburg High Court to review the constitutionality of sections of the KZN Planning and Development Act.’
The Mtunzini Conservancy (MC), one of the parties which appealed the approval, is highly concerned about the upcoming hearing.
‘The Tribunal hears all planning appeals in KZN,’ said MC Chairperson Barbara Chedzey.
‘If successful, Tronox would extinguish our appeal and our right to be heard by an independent Planning Tribunal.
‘We are indeed thankful that the COGTA (Corporate Governance and Traditional Affairs) MEC for KZN, Nomusa Dube-Ncube is opposing the attempt by Tronox to strike down the Planning Tribunal and with it our appeal against the planning approval granted by the Umlalazi Municipality.
‘It is contrary to the recommendations of Umlalazi’s own town planner, which places the mine 100m from the southern boundary of Mtunzini.
‘Our appeal had been scheduled for last July in Mtunzini until interdicted from going ahead by Tronox.’
