Vhembe Mineral Resources Stakeholders Forum and Others v MEC, Department of Economic Development, Environment and Tourism (Limpopo Provincial Government) and Others (78690/14) [2015] ZAGPPHC 1043 (8 December 2015)

Vhembe Mineral Resources Stakeholders Forum and Others v MEC, Department of Economic Development, Environment and Tourism (Limpopo Provincial Government) and Others (78690/14) [2015] ZAGPPHC 1043 (8 December 2015)

The court held that the defects in the applicants' case had been cured and that the interim interdict should not be set aside. The founding affidavit and notice of motion, read together, established a prima facie right and a balance of convenience in favour of the applicants, whose constitutional rights to a safe environment were implicated. The court found that CoAL had not traversed the applicants' factual allegations and had conceded that the applicants had prospects of success in the review. The provision in the interim order relating to the Regional Strategic Environmental Impact Assessment was inappropriate for an interim order and was accordingly excised. The court made no order as...

Citation
[2015] ZAGPPHC 1043
Parties
Applicant: Vhembe Mineral Resources Stakeholders Forum; Applicant: Makhado Action Group; Applicant: Mudimele Community; Respondent: MEC: Department of Economic Development, Environment and Tourism (Limpopo Provincial Government); Respondent: Coal of Africa Limited; Respondent: Regional Manager: Department of Mineral Resources, Limpopo Government; Respondent: Minister of Mineral Resources, Department of Environmental Affairs of the Republic of South Africa; Respondent: Head: Department of Economic Development Environment and Tourism (Limpopo Provincial Government); Respondent: Senior General Manager: Environment and Tourism (Limpopo Provincial Government)
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 December 2015
Case Number
78690/14
Procedural Posture
Review Application / Application for Variation and Reconsideration of Interim Interdict Order
Outcome
Interim interdict maintained with variation; provision relating to Regional Strategic Environmental Impact Assessment excised; no order as to costs.
Judges
Tuchten
Legal Topics
Environmental Authorisation, Judicial Review, Interim Interdict, Administrative Appeal, Mining Rights, National Environmental Management Act
Administrative Law Environmental Law Civil Procedure Environmental Authorisation Judicial Review Interim Interdict Administrative Appeal Mining Rights +1 more

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Parties

Vhembe Mineral Resources Stakeholders Forum

Applicant

Makhado Action Group

Applicant

Mudimele Community

Applicant

MEC: Department of Economic Development, Environment and Tourism (Limpopo Provincial Government)

Respondent

Coal of Africa Limited

Respondent

Regional Manager: Department of Mineral Resources, Limpopo Government

Respondent

Minister of Mineral Resources, Department of Environmental Affairs of the Republic of South Africa

Respondent

Head: Department of Economic Development Environment and Tourism (Limpopo Provincial Government)

Respondent

Senior General Manager: Environment and Tourism (Limpopo Provincial Government)

Respondent

Procedural Posture

Review Application / Application for Variation and Reconsideration of Interim Interdict Order

Legal Issues

  1. 1 Whether the interim interdict granted pending review of the environmental authorisation should be set aside or varied.
  2. 2 Whether the inclusion of a provision relating to a Regional Strategic Environmental Impact Assessment in the interim order was appropriate.
  3. 3 Whether the applicants' procedural defects in the initial application have been cured.

Ratio Decidendi

The court held that the defects in the applicants' case had been cured and that the interim interdict should not be set aside. The founding affidavit and notice of motion, read together, established a prima facie right and a balance of convenience in favour of the applicants, whose constitutional rights to a safe environment were implicated. The court found that CoAL had not traversed the applicants' factual allegations and had conceded that the applicants had prospects of success in the review. The provision in the interim order relating to the Regional Strategic Environmental Impact Assessment was inappropriate for an interim order and was accordingly excised. The court made no order as...

Court Disposition

Interim interdict maintained with variation; provision relating to Regional Strategic Environmental Impact Assessment excised; no order as to costs.

Orders

  • Joinder of the Senior General Manager: Environment and Tourism (Limpopo Government) as seventh respondent and amendment of the applicants' notice of motion dated 24 October 2014 are granted.
  • The supplementary founding affidavit filed with the notice of motion dated 18 February 2015 is admitted to the record of the main application.