The Black Eagle Project Roodekrans v MEC for the Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and others

This case study details a legal challenge by The Black Eagle Project Roodekrans against the MEC for the Department of Agriculture, Conservation and Environment, Gauteng Provincial Government, regarding land use exemptions and environmental authorisations near the Walter Sisulu National Botanical Garden.

• The Black Eagle Project Roodekrans challenged two decisions by the MEC: the dismissal of an appeal against a developer's exemption from environmental authorisation for changing land use from "agricultural or undetermined to any other land use" under the Environment Conservation Act, 1989, and the upholding of a developer's appeal regarding an amendment to that exemption.
• The Court ruled in favor of the MEC on the first point, finding the dismissal of the Project's appeal to be rational and reasonable. However, it ruled in favor of the Project on the second point, determining the MEC's decision to overturn the Department's refusal of the developer's amendment application was irrational because the MEC provided no reasons and no public participation was conducted.
• The proposed development is situated within a biodiversity corridor, located between the Cradle of Humankind World Heritage Site and the Walter Sisulu National Botanical Garden, the latter of which serves as a nesting site for black eagles.

APA

Melissa (2019). The Black Eagle Project Roodekrans v MEC for the Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and others. Centre for Environmental Rights. https://cer.org.za/virtual-library/judgments/high-courts/the-black-eagle-project-roodekrans-v-mec-for-the-department-of-agriculture-conservation-and-environment-gauteng-provincial-government-and-others

Chicago

Melissa. The Black Eagle Project Roodekrans v MEC for the Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and others. Centre for Environmental Rights, 2019. https://cer.org.za/virtual-library/judgments/high-courts/the-black-eagle-project-roodekrans-v-mec-for-the-department-of-agriculture-conservation-and-environment-gauteng-provincial-government-and-others.

Wikipedia

{{cite report |last1=Melissa |title=The Black Eagle Project Roodekrans v MEC for the Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and others |publisher=Centre for Environmental Rights |date=28 February 2019 |url=https://cer.org.za/virtual-library/judgments/high-courts/the-black-eagle-project-roodekrans-v-mec-for-the-department-of-agriculture-conservation-and-environment-gauteng-provincial-government-and-others |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{melissa2019black, author = {Melissa}, title = {{The Black Eagle Project Roodekrans v MEC for the Department of Agriculture, Conservation and Environment, Gauteng Provincial Government and others}}, institution = {Centre for Environmental Rights}, year = {2019}, month = feb, url = {https://cer.org.za/virtual-library/judgments/high-courts/the-black-eagle-project-roodekrans-v-mec-for-the-department-of-agriculture-conservation-and-environment-gauteng-provincial-government-and-others}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }