Parkscape v MTO Forestry (Pty) Ltd and Another (15910/2016) [2017] ZAWCHC 22; 2018 (1) SA 263 (WCC) (1 March 2017)

Parkscape v MTO Forestry (Pty) Ltd and Another (15910/2016) [2017] ZAWCHC 22; 2018 (1) SA 263 (WCC) (1 March 2017)

The court held that SANParks, in consenting to MTO's request to accelerate the clear-felling of Dennendal plantation, exercised public power under statutory authority, not merely private contractual rights. This decision had immediate and direct legal consequences for both MTO and the public, particularly regarding...

Source-derived case information.

Citation
[2017] ZAWCHC 22
Parties
Applicant: Parkscape; Respondent: MTO Forestry (Pty) Ltd; Respondent: South African National Parks
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
1 March 2017
Case Number
15910/2016
Procedural Posture
Review Application / Final Judgment on Review and Interdict
Outcome
Application granted. SANParks' decision to approve accelerated clear-felling set aside. Interdict granted restraining further felling until lawful decisions are made. Costs awarded against SANParks.
Judges
Gamble
Legal Topics
Promotion of Administrative Justice Act, Legitimate Expectation, Public Participation, Protected Areas Management, Contractual Vs Public Power, Procedural Fairness
Administrative Law Environmental Law Promotion of Administrative Justice Act Legitimate Expectation Public Participation Protected Areas Management Contractual Vs Public Power Procedural Fairness

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Parties

Parkscape

Applicant

MTO Forestry (Pty) Ltd

Respondent

South African National Parks

Respondent

Procedural Posture

Review Application / Final Judgment on Review and Interdict

Legal Issues

  1. 1 Whether SANParks' decision to approve accelerated clear-felling of Dennendal plantation constituted administrative action subject to review.
  2. 2 Whether Parkscape and the public had a legitimate expectation of public participation before SANParks agreed to the expedited felling schedule.
  3. 3 Whether SANParks' conduct breached procedural fairness under PAJA.

Ratio Decidendi

The court held that SANParks, in consenting to MTO's request to accelerate the clear-felling of Dennendal plantation, exercised public power under statutory authority, not merely private contractual rights. This decision had immediate and direct legal consequences for both MTO and the public, particularly regarding access to shaded recreational areas. The court found that extensive prior public participation processes had established a legitimate expectation that further decisions impacting public use would be subject to consultation. SANParks' failure to inform or consult the public before consenting to the expedited schedule constituted a breach of procedural fairness as required by...

Court Disposition

Application granted. SANParks' decision to approve accelerated clear-felling set aside. Interdict granted restraining further felling until lawful decisions are made. Costs awarded against SANParks.

Orders

  • The applicant's application to amend its notice of motion is granted.
  • The decision of SANParks taken during or about August 2016 to fell trees in the Tokai Forest in accordance with a new felling schedule is reviewed and set aside.