Cape Town — A Western Cape High Court decision has effectively halted mining operations at two sand dunes in the heart of the Cape Flats.

The sand dunes are in the Mitchells Plain suburbs of Westridge and Rocklands.

The Rocklands dune is situated between two schools.

The Westridge dune abuts on to a major road, and an informal settlement was built there.

Two judges ruled on Friday that mining operations could not continue until black empowerment mining firm Maccsand had obtained zoning authorisation under the Western Cape Land Use Planning Ordinance (Lupo), as well as environmental clearance

The ruling comes after the City of Cape Town challenged the mining right and permit Maccsand obtained from the Department of Minerals and Energy in October 2007 and August 2008 respectively.

The right and permit were awarded to Maccsand in terms of the Minerals and Petroleum Resources Development Act.

The city asked the court to interdict Maccsand from mining and prospecting the dunes until it had complied with the terms of Lupo and Nema.

But Maccsand hit back, arguing that once the minister or a delegate had granted a right or permit, no law or authority could veto that.

The minister of mineral resources, a respondent in the case, argued that the act trumped all other legislation, and that the city's interpretation of the process would create administrative chaos.

In a judgment handed down on Friday, Judge Dennis Davis said it was clear that the constitution carved out areas for provinces and municipalities, and did not give national legislation the right to take away the planning function of municipalities.

If Parliament had wanted the act to override legislation such as Lupo, it would have inserted a provision such as "notwithstanding the provision of any other law", Judge Davis said.

He found that Lupo had clear application to the matter.

Turning to the dispute relating to Nema, Judge Davis agreed that environmental authorisation was necessary.

He said there was no dispute that the mining operation would remove 14.67ha of indigenous vegetation.

He ordered Maccsand and the minister of mineral resources to pay the costs of the application. Judge Elizabeth Baartman concurred.