EMALAHLENI Local Municipality
P.O. BOX 3, EMALAHLENI CENTRAL, MPUMALANGA 1035
TEL: 013 690 6911 FAX: 013 690 6207
www. emalahleni.gov.za
19 January 2021 Various Attorneys/Conveyancers Sir/Madam,
Our Reference: Compliance Refer to: V. Harilal
RE: CLARITY ON EFFECT OF JUDGEMENT — GLENCORE & OTHERS VS STEVE TSHWETE LOCAL MUNICIPALITY & OTHERS, CASE NR: 2607/2019, MIDDELBURG HIGH COURT
We refer to the above matter as well as the judgment handed down in respect of the abovementioned case.
We act on the advice of our legal representative, which we accept to be true and correct.
The Acting Judge, in the matter above, has found that Section 86 of the Emalahleni Spatial Planning and Land Use Management By-Law, 2016, is invalid and has suspended the declaration of invalidity for a period of six (6) months to allow the Municipality to correct the defect.
In light of the suspended declaration of invalidity, kindly take note that the Municipality will continue with the implementation of the said Section of the By-Law until further notice.
Should you have any concerns or queries arising from this letter, kindly contact Mrs. V. Harilal via e-mail on S102367@emalahleni.gov.za.
Yours faithfully
H.S. MAYISELA
MUNICIPAL MANAGER