Save the Vaal Environment v. the Director Mineral Development Gauteng Region, the Director General Department of Minerals and Energy, The Minister of Mineral and Energy, Sasol Mynbou (EDMS) BPK, Sasol Chemiese Nywerhede BPK, Sasol Limited, the Director Mineral Development Free State Region

The applicant brought the application under Rule 53 against the first respondent to review and set aside the decision of the first respondent taken on 22 May 1997 whereby he granted the fourth respondent a mining authorization under Section 9 of the Minerals Act No. 50 of 1991 for the establishment of an open cast mine in the vicinity of Sasolburg. The license would permit the respondent to mine on the riverbank of the Vaal River. The respondent opposed the application. The complaint was based on the first respondent’s failure to give the applicant an opportunity to be heard prior to the first respondent making a decision to issue a mining authorization in terms of Section 9 of the Minerals Act. The court declared that the applicant could not prevent the first respondent from taking a decision he considers appropriate for the optimal utilization of minerals, but he had the right to make representations and to be heard before the respondent took the decision to grant the license. The matter was remitted to the first respondent to consider the application of the fourth respondent afresh.