The ruling has been handed down and the Constitutional Court found the Spluma-bylaw Section 86, which covers the transfer of properties, invalid in Emalahleni and Govan Mbeki Municipalities.

This stumbling block that delayed transfers of land was put aside by the court on November 19.

In a media statement, the court explained at the heart of this dispute is a challenge against the municipal planning by‑laws containing transfer embargoes that are intended to enforce compliance with the municipal planning requirements of the applicants.

They do so by requiring all property owners who want to apply to the registrar of deeds for a transfer of their land to first obtain a certificate from the municipality.

The planning certificate was the trump card the municipality held onto to ensure that all spatial planning, land use management, and building regulation requirements and payments applying to the land unit in question have been complied with.

Mining companies Glencore Operations South Africa (Pty) Limited, Duiker Mining (Pty) Limited, Tavistock Collieries (Pty) Limited, Izimbiwa Coal (Pty) Limited, and the property holding company Umcebo Properties turned to the High Court to fight the by-laws after they had hassles when they intended to transfer immovable properties situated within the municipal boundaries.

They were kept from applying to the registrar of deeds to register the transfer of their properties by the by-laws.

In its ruling, the High Court concluded that there was no enabling authority for the municipalities to make the impugned by‑laws and that the by‑laws were inconsistent with the constitutional principle of legality and declared the impugned by‑laws to be unconstitutional and invalid.

Town planner, Laurette Swarts said it should be noted that the points mentioned do not override or negate the necessity for compliance with applicable legislation.

“The Emalahleni Land Use Scheme and Building Regulations remain in full effect concerning land use rights and any building work undertaken on properties,” she said.

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