Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22) [2024] ZACC 25

Click here to read the full judgment on Saflii 1]   This matter concerns municipal by laws which attempt to enforce municipal planning schemes by preventing the registration of transfer of properties without proof that there has been full compliance with all municipal planning requirements in respect of the properties in question.  The applicant municipalities both adopted municipal planning by-laws containing transfer embargoes along these lines.  The Mpumalanga Division of the High Court, Middelburg (High Court) and the Supreme Court of Appeal declared the transfer embargo provisions of the municipalities’ by-laws to be inconsistent with the Constitution and invalid.  The applicant municipalities now appeal to this Court against the decision of the Supreme Court of Appeal. →