Wesi and Another v McGregor Museum and Others [2023] ZAGPPHC 563; A160/2020 (17 July 2023)

Wesi and Another v McGregor Museum and Others [2023] ZAGPPHC 563; A160/2020 (17 July 2023)

The appeal was dismissed because the mining permit was granted in the absence of a Heritage Impact Assessment, a valid Environmental Management Plan, and a permit from the heritage authority. The mining area was not properly identified, and the application was incomplete and misleading. The appellants failed to provide evidence to counter the respondents' sketch plan, which showed that mining activities occurred within a protected heritage site. The withdrawal of the 'Cease Works Order' was invalid once the mining permit was set aside. The court found no merit in the appellants' arguments regarding procedural defects or delay, and held that the decision to grant the mining permit was...

Citation
[2023] ZAGPPHC 563
Parties
Appellant: Jacky Mary Wesi; Appellant: Jacky M Wesi Mining (Pty) Ltd; Respondent: McGregor Museum; Respondent: Sol Plaatjies University; Respondent: University of the Witwatersrand; Respondent: Minister of Mineral Resources; Respondent: South African Heritage Resources Agency
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
17 July 2023
Case Number
A160/2020
Procedural Posture
Civil Appeal / Appeal From Review Judgment Setting Aside Mining Permit
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
van der Westhuizen, P Mabuse, H Kooverjie
Legal Topics
Mining Permit Review, Heritage Site Protection, Irrationality of Administrative Action, Heritage Impact Assessment, Environmental Management Plan, Procedural Fairness
Administrative Law Land and Property Environmental Law Mining Permit Review Heritage Site Protection Irrationality of Administrative Action Heritage Impact Assessment Environmental Management Plan +1 more

Case Brief

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Parties

Jacky Mary Wesi

Appellant

Jacky M Wesi Mining (Pty) Ltd

Appellant

McGregor Museum

Respondent

Sol Plaatjies University

Respondent

University of the Witwatersrand

Respondent

Minister of Mineral Resources

Respondent

South African Heritage Resources Agency

Respondent

Procedural Posture

Civil Appeal / Appeal From Review Judgment Setting Aside Mining Permit

Legal Issues

  1. 1 Whether the mining permit issued to the first appellant was lawfully granted in terms of the Mineral and Petroleum Resources Development Act (MPRDA).
  2. 2 Whether the absence of a Heritage Impact Assessment (HIA) and proper Environmental Management Plan (EMP) rendered the mining permit invalid.
  3. 3 Whether the mining activities encroached on a protected heritage site contrary to statutory requirements.

Ratio Decidendi

The appeal was dismissed because the mining permit was granted in the absence of a Heritage Impact Assessment, a valid Environmental Management Plan, and a permit from the heritage authority. The mining area was not properly identified, and the application was incomplete and misleading. The appellants failed to provide evidence to counter the respondents' sketch plan, which showed that mining activities occurred within a protected heritage site. The withdrawal of the 'Cease Works Order' was invalid once the mining permit was set aside. The court found no merit in the appellants' arguments regarding procedural defects or delay, and held that the decision to grant the mining permit was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed.
  • The appellants are ordered, jointly and severally, the one paying the other to be absolved, to pay the costs, such costs to include the costs consequent upon the employ of two counsel.