Country
South Africa
Date of text
Type of court
National - higher court
Sources
Court name
Supreme Court of Appeal of South Africa
Seat of court
Bloemfontein
Reference number
No. 216/2016
Tagging
Protected Areas, Wildlife
Free tags
Mineral resources
Environment gen.
Wild species & ecosystems
Justice(s)
Ponnan; Tshiqi; Majiedt; Dambuza; Van Der Merwe
Abstract

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)