Courts Clamp Down On Insufficient Public Participation Processes Under NEMA

Silhouetted person thinking in front of a fluctuating line graph, with a crowd in the background.

A recent decision out of the Pretoria High Court has continued the trend of recent judgments enforcing more stringent compliance with environmental authorisation processes, and the public participation process in particular. On 02 August 2022, the Pretoria High Court heard a matter in which the South Durban Community Environmental Alliance (“SDCE”) sought to review and […]

DMRE’S Transparency Under Fire

Dark underground mining tunnel illuminated by dim lights.

CASE STUDY: DMRE’S TRANSPARENCY UNDER FIRE The North-Gauteng High Court has further clarified mining affected communities’ rights in its 14 September 2020 judgment in Duduzile Baleni & Others v Regional Manager: Eastern Cape Department of Mineral Resources & Others. Succinctly, the applicant’s (namely, various representatives of the Umgungundlovu community) sought an order declaring that interested […]

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