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R A Le Sueur and another v eThekwini Municipality and others (City of Cape Town as Amicus Curiae)

30 January 2013

High Court of the Republic of South Africa, KwaZulu-Natal Division, Pietermaritzburg

Case No. 9714/11

Date of judgment: 30 January 2013

Judge: Gyanda J

In this matter, Mr Le Sueur argued that the Durban Open Space Planning System adopted by eThekwini Municipality as part of its Town Planning Scheme was unconstitutional on the basis that, inter alia, it deals with environmental issues and that municipalities are not competent to legislate on environmental issues.

The court found against Mr Le Sueur and held that the adoption of the D-MOSS fell within the purview of “municipal planning”.

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For a critical analysis of this judgment, read an article by W Freedman