Mpumalanga Tourism and Parks Agency and Another v Baberton Mines (Pty) Ltd and Others (216/2016) [2017] ZASCA 9; [2017] 2 All SA 376 (SCA); 2017 (5) SA 62 (SCA) (14 March 2017)

The area in question is Barberton Mountain Land which is listed under the National List of Terrestrial Ecosystems that are Threatened and in Need of Protection. The Department of Minerals and Energy (as it then was) approved Barberton Mines’ Environmental Management Plan the prospecting right for a period of five years came into effect on that date. When Barberton Mines sought to commence with the prospecting work it encountered resistance from the first appellant, the Mpumalanga Tourism and Parks Association and several members of the second appellant, the Mountain lands Owners Association, who asserted that the prospecting area constitutes part of a nature reserve or protected area. The judge dismissed the application with costs.

(Full Text of the court decision provided by: Wildlife Direct)