Adams and Others v Minister of Mineral Resources and Energy and Others (1306/22)
Adams and Others v Minister of Mineral Resources and Energy and Others (1306/22) [2022] ZAWCHC 24 (1 March 2022)
The court found that Searcher failed to consult meaningfully with small scale fishers, indigenous communities, and other affected parties as required by section 74(4)(a) of the MPRDA. The consultation process was inadequate, excluding key stakeholders and failing to use accessible communication channels. The commencement of the seismic survey without an environmental authorization contravened section 5A of the MPRDA and section 24F(1)(a) of NEMA. The applicants established a prima facie right to protection of their livelihoods, food security, and cultural rights, and demonstrated a well-groun…
Source excerpt
- Seismic Survey Permits
- Public Consultation
- Environmental Authorization
- Interim Interdict
- Marine Ecosystem Protection
- Constitutional Rights