Minister Bredell's Statement on Land Use Planning Ordinance Judgment
7 April 2014
Statement by Anton Bredell, Minister of Local Government, Environmental Affairs and Development Planning
I welcome the decision of the Constitutional Court in that they have confirmed my application to have section 44 of the Land Use Planning Ordinance (“LUPO”) declared to be unconstitutional.
The declaration of invalidity is to have immediate effect to the exclusion of those appeals which have already been lodged with my Department prior to the date of the order.
Whilst the Constitutional Court did not confirm the interim measures imposed by the Western Cape High Court Cape Town, to provide for a suspension of invalidity, I am confident that the Western Cape Land Use Planning Act, which is to be assented to shortly, will attend to remedy any vacuum created by the immediate effect of the judgment. The practical consequence of this aspect of the judgment is under consideration and further communication on this issue will be issued shortly.