Baleni and Others v Regional Manager Eastern Cape Department of Mineral Resources and Others (96628/2015)
Baleni and Others v Regional Manager Eastern Cape Department of Mineral Resources and Others (96628/2015) [2020] ZAGPPHC 485; [2020] 4 All SA 374 (GP); 2021 (1) SA 110 (GP) (11 September 2020)
The court held that, on a proper interpretation of sections 10(1) and 22(4) of the MPRDA, interested and affected parties are entitled, upon request to the Regional Manager, to be furnished with a copy of a mining right application, subject to redaction of financially sensitive information. The court found that the PAIA process is not a viable or practical alternative for such parties due to truncated timelines and capacity constraints, and that meaningful consultation requires timely access to the application. The court exercised its discretion to grant declaratory relief despite the respond…
Source excerpt
- Mining Rights Application
- Consultation With Affected Parties
- Access To Information
- Promotion Of Administrative Justice Act
- Sustainable Development
- Declaratory Relief