Groundwork Trust and Another v Minister of Forestry, Fisheries and the Environment and Others (22046/22) [2024] ZAGPPHC 117 (8 February 2024)

Groundwork Trust and Another v Minister of Forestry, Fisheries and the Environment and Others (22046/22) [2024] ZAGPPHC 117 (8 February 2024)

The application for leave to appeal is dismissed because the applicants failed to provide a reasonable explanation for the eight-month delay in bringing the review application as required by Section 7 of PAJA. No compelling reasons were advanced to justify an extension of time under Section 9, and the alleged agreement to extend time was unsupported by the application papers and did not include all necessary parties. The judgment in the main application does not have the far-reaching effect on future public interest litigation as alleged. Absent a valid extension, the court lacks authority to entertain the review application.

Citation
[2024] ZAGPPHC 117
Parties
Applicant: Groundwork Trust; Applicant: South Durban Community Environmental Alliance; Respondent: Minister of Forestry, Fisheries and the Environment; Respondent: Chief Director: Integrated Environmental Authorisations, Department of Forestry, Fisheries and the Environment; Respondent: Richards Bay Gas Power 2 (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 February 2024
Case Number
22046/22
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed.
Judges
J G Cilliers
Legal Topics
Delay in Review Applications, Extension of Time Under Paja, Environmental Authorisation, Public Interest Litigation, Leave to Appeal, Costs Orders
Administrative Law Environmental Law Civil Procedure Delay in Review Applications Extension of Time Under Paja Environmental Authorisation Public Interest Litigation Leave to Appeal +1 more

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Parties

Groundwork Trust

Applicant

South Durban Community Environmental Alliance

Applicant

Minister of Forestry, Fisheries and the Environment

Respondent

Chief Director: Integrated Environmental Authorisations, Department of Forestry, Fisheries and the Environment

Respondent

Richards Bay Gas Power 2 (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the applicants provided a reasonable explanation for the delay in bringing the review application under Section 7 of PAJA.
  2. 2 Whether there was an agreement between the parties to extend the time periods under Sections 7 and 9 of PAJA.
  3. 3 Whether compelling reasons exist to grant leave to appeal, including the alleged impact on future public interest litigation.

Ratio Decidendi

The application for leave to appeal is dismissed because the applicants failed to provide a reasonable explanation for the eight-month delay in bringing the review application as required by Section 7 of PAJA. No compelling reasons were advanced to justify an extension of time under Section 9, and the alleged agreement to extend time was unsupported by the application papers and did not include all necessary parties. The judgment in the main application does not have the far-reaching effect on future public interest litigation as alleged. Absent a valid extension, the court lacks authority to entertain the review application.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • Applicants are ordered to pay the costs of the Third Respondent relating to the application for leave to appeal.