Mining and Environmental Justice Community of South Africa and Others v MEC for Agriculture, Rural Development, Land and Environmental Affairs and Others (1322/2021) [2024] ZAMPMBHC 48

19th July 2024

Mining and Environmental Justice Community of South Africa and Others v MEC for Agriculture, Rural Development, Land and Environmental Affairs and Others (1322/2021) [2024] ZAMPMBHC 48

Click here to read the full judgment on Saflii

[1]      The applicants seek the review and setting aside of the first respondent’s decision to exclude four properties from the Mabola Protected Environment, thus permitting coal-mining activities in the protected wetlands area. The application is brought in terms of Rule 53 of the Uniform Rules of court.

[2]      The applicants are a coalition of seven non-profit public interest organisations who are working together to ensure the continued conservation of the Mabola Protected Environment.

[3]      The first respondent is the Member of the Executive Council for Agriculture, Rural Development and Environmental Affairs, Mpumalanga (MEC).

[4]      The second respondent holds the mining rights to the mine, Yzerman, which has been attempting to establish and start a mining process in the area which fall within the Mabola Protected Environment. This area comprises of wetlands and other Eco sensitive areas.

[5]      Only the second respondent opposes the relief sought by the applicants to review and set aside the first respondent’s exclusion decision.