Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021)
Sustaining the Wild Coast NPC and Others v Minister of Mineral Resources and Energy and Others (3491/2021) [2022] ZAECMKHC 55; 2022 (6) SA 589 (ECMk) (1 September 2022)
The court found that the consultation process preceding the grant and renewals of the exploration right was procedurally unfair and failed to meet constitutional and statutory requirements. Notices were inaccessible to affected rural communities, and meaningful engagement did not occur. The decision-maker failed to consider relevant factors, including harm to marine and bird life, climate change impacts, and customary and spiritual rights. The State did not comply with the public trust obligations under ICMA. The applicants were not barred by delay, as they only became aware of the decisions…
Source excerpt
- Procedural Fairness
- Consultation With Affected Communities
- Precautionary Principle
- Environmental Authorisation
- Customary Rights
- Public Trust Doctrine