Hume v Minister of Environmental Affairs of the Republic of South Africa (80690/2019) [2020] ZAGPPHC 711 (2 December 2020)

Hume v Minister of Environmental Affairs of the Republic of South Africa (80690/2019) [2020] ZAGPPHC 711 (2 December 2020)

The court held that the Director: Biodiversity Management, who refused the export permit, was the delegated official of the MEC, not the Minister. Therefore, the appeal authority was the MEC in the North West Provincial Government, not the respondent Minister. The Minister lacked legal competence to consider the appeal, and any decision by her would be ultra vires. The applicant had not exhausted internal remedies as required by section 7(2) of PAJA, and the respondent had not made any decision on the appeal. Consequently, the application was dismissed.

Citation
[2020] ZAGPPHC 711
Parties
Applicant: Frederick John Hume; Respondent: Minister of Environmental Affairs of the Republic of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
2 December 2020
Case Number
80690/2019
Procedural Posture
Review Application / High Court Judgment
Outcome
Application dismissed.
Judges
T J Raulinga
Legal Topics
National Environmental Management Act, Delegation of Powers, Internal Remedies, Appeal Authority, Export Permits, Separation of Powers
Administrative Law Environmental Law National Environmental Management Act Delegation of Powers Internal Remedies Appeal Authority Export Permits Separation of Powers

Case Brief

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Parties

Frederick John Hume

Applicant

Minister of Environmental Affairs of the Republic of South Africa

Respondent

Procedural Posture

Review Application / High Court Judgment

Legal Issues

  1. 1 Whether the respondent (Minister) is the competent authority to consider the applicant's appeal against the refusal of an export permit for rhinoceroses.
  2. 2 Whether the applicant has exhausted internal remedies before approaching the court.
  3. 3 Whether the respondent acted ultra vires by considering or refusing to consider the appeal.

Ratio Decidendi

The court held that the Director: Biodiversity Management, who refused the export permit, was the delegated official of the MEC, not the Minister. Therefore, the appeal authority was the MEC in the North West Provincial Government, not the respondent Minister. The Minister lacked legal competence to consider the appeal, and any decision by her would be ultra vires. The applicant had not exhausted internal remedies as required by section 7(2) of PAJA, and the respondent had not made any decision on the appeal. Consequently, the application was dismissed.

Court Disposition

Application dismissed.

Orders

  • The application is dismissed.
  • No order as to costs.