DEVELOPMENT PLANNING AND LOCAL KWAZULU …

CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 89/09 [2010] ZACC 11 In the matter between: CITY OF JOHANNESBURG METROPOLITAN MUNICIPALITY Applicant and GAUTENG DEVELOPMENT TRIBUNAL First Respondent GAUTENG DEVELOPMENT APPEAL TRIBUNAL Second Respondent IVORY-PALM PROPERTIES 20 CC Third Respondent PIETER MARTHINUS VAN DER WESTHUIZEN Fourth Respondent ELFREDA ELIZABETH VAN DER WESTHUIZEN Fifth Respondent MINISTER FOR LAND AFFAIRS Sixth Respondent MEMBER OF THE EXECUTIVE COUNCIL FOR DEVELOPMENT PLANNING AND LOCAL GOVERNMENT, GAUTENG Seventh Respondent together with MEMBER OF THE EXECUTIVE COUNCIL OF KWAZULU -NATAL FOR LOCAL GOVERNMENT AND TRADITIONAL AFFAIRS First Intervening Party ETHEKWINI MUNICIPALITY Second Intervening Party DEPARTMENT OF AGRICULTURE, RURAL DEVELOPMENT AND LAND administration , MPUMALANGA PROVINCE Third Intervening Party and SOUTH AFRICAN PROPERTY OWNERS ASSOCIATION First Amicus Curiae SOUTH AFRICAN COUNCIL FOR CONSULTING PROFESSIONAL PLANNERS Second Amicus Curiae Heard on : 24 February 2010 Decided on : 18 June 2010 JUDGMENT JAFTA J: Introduction [1] The main issue in this case is the constitutionality of Chapters V and VI of the DEVELOPMENT Facilitation Act 67 of 1995 (Act).

JAFTA J 5 the proceedings as is the Department of Agriculture, Rural Development and Land Administration, Mpumalanga Province (Mpumalanga Department).

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