Parkscape v MTO Forestry (Pty) Ltd and Another (15910/2016)
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 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 c…
Source excerpt
- Promotion Of Administrative Justice Act
- Legitimate Expectation
- Public Participation
- Protected Areas Management
- Contractual Vs Public Power
- Procedural Fairness