Wesi and Another v McGregor Museum and Others
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 reg…
Source excerpt
- Mining Permit Review
- Heritage Site Protection
- Irrationality Of Administrative Action
- Heritage Impact Assessment
- Environmental Management Plan
- Procedural Fairness