14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf

This document is an affidavit submitted by Ian Roy Sampson of Shepstone and Wylie Attorneys on behalf of Mineral Sands Resources (Pty) Ltd and Tormin Mineral Sands (Pty) Ltd. The affidavit opposes an application by the Centre for Environmental Rights (CER) to suspend a decision made under Section 102(1) of the Mineral and Petroleum Resources Development Act (MPRDA) that granted a mine extension to the Tormin Mine.

• The Rights Holders argue that the CER's appeal under Section 96(1) of the MPRDA is defective and invalid because it fails to comply with the peremptory requirements of Regulation 74. Specifically, the appeal was not submitted on affidavit, failed to list affected persons, and lacked proper notice to the Regional Manager and affected parties.
• The Rights Holders contend that the CER is using the suspension application as a "backdoor interdict" to relitigate environmental issues. They argue that environmental authorisations are handled separately under the National Environmental Management Act (NEMA) and that the CER has already failed in its NEMA appeal and has a pending High Court review (case number 13446/2020) where it could have sought an interim interdict.
• The Rights Holders dispute the CER's claim that the proposed mine expansion lies entirely within critical biodiversity areas (CBAs), asserting that only a portion of the amended mining rights fall within these areas.
• The Rights Holders claim the CER has provided no independent expert evidence to contradict the biodiversity and impact findings produced during the Integrated Environmental Authorisation (IEA) process, relying instead on theoretical and policy-based arguments.
• The Rights Holders argue that the CER's cumulative impact assessment argument is flawed because the CER has targeted only the Tormin Mine while ignoring other existing onshore and offshore mining activities in the same coastal region.
• The Rights Holders assert that a suspension would cause significant financial and social prejudice, including the potential redundancy of 33 employees hired since April 2020 and the risk of the mine becoming sub-economic and shutting down.
• The Rights Holders have committed substantial capital expenditure for the development of the Section 102 mining areas. Total approved capital expenditure is ZAR 109,781,654, with ZAR 24,493,794 already spent and ZAR 79,692,733 committed. Additionally, ZAR 15,760,791 has been committed to equipment leases.

APA

Centre for Environmental Rights (n.d.). 14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf. https://cer.org.za/wp-content/uploads/2021/01/14.10.2020-Reply-to-Section-962-Application-.pdf?x21779

Chicago

Centre for Environmental Rights. 14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf. n.d. https://cer.org.za/wp-content/uploads/2021/01/14.10.2020-Reply-to-Section-962-Application-.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf |url=https://cer.org.za/wp-content/uploads/2021/01/14.10.2020-Reply-to-Section-962-Application-.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsnd14102020replytosection962application2be5c4522304e1cfpdf, author = {{Centre for Environmental Rights}}, title = {{14.10.2020-reply-to-section-962-application-2be5c4522304e1cf.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2021/01/14.10.2020-Reply-to-Section-962-Application-.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }