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Director: Mineral Development, Gauteng Region and Another v Save the Vaal Environment and Others (133/98) [1999] ZASCA 9; [1999] 2 All SA 381 (A) (12 March 1999).

Country/Territory
South Africa
Type of court
National - higher court
Date
Mar 12, 1999
Source
UNEP, InforMEA
Court name
Supreme Court of Appeal of South Africa
Seat of court
Bloemfontein
Judge
Mahomed C., Howie, Marais, Olivier, Madlanga A.
Reference number
Case No. 133 /98
Language
English
Subject
Water, Wild species & ecosystems, Environment gen., Mineral resources
Abstract

This is an appeal against a judgment of Cassim AJ in an opposed application in the High Court of South Africa, Witwatersrand Local Division, leave to appeal having been granted by the Court a quo. The appeal raises the question whether interested parties, wishing to oppose an application by the holder of mineral rights for a mining licence in terms of s 9 of the Minerals Act 50 of 1991 ('the Act'), are entitled to raise environmental objections and be heard by the first appellant, who is the official designated to grant or refuse such licence ('the Director'). In the present case, the Director, taking the view that consideration of such objections would be premature at that stage, refused the respondents a hearing. He was successfully taken on review. The appeal is aimed at reversing the outcome of that review. The respondents appeal was dismissed by the judge.

Full text
9.pdf
Website
www1.saflii.org