APPLICANTS’ HEADS OF ARGUMENT

The document contains the applicants' heads of argument in a legal matter before the High Court of South Africa, Mpumalanga Division. A coalition of seven non-profit organisations seeks the review and setting aside of a decision by the MEC for Agriculture, Rural Development, Land and Environmental Affairs to exclude four properties from the Mabola Protected Environment to facilitate the construction of an underground coal mine by Uthaka Energy (Pty) Ltd.

• The applicants argue that the MEC's decision to exclude four properties from the Mabola Protected Environment unlawfully circumvents section 48 of the National Environmental Management: Protected Areas Act (NEMPAA) by usurping the powers of the Minister of Environment, Forestry and Fisheries and the Minister of Mineral Resources and Energy, who are the only authorities permitted to grant permission for commercial mining in a protected environment.
• The MEC's decision is alleged to be an unlawful circumvention of a 2018 Gauteng Division of the High Court judgment that set aside previous permission for Uthaka Energy to mine in the area and deferred further decisions until specific conditions, including an approved management plan, were met.
• The Mabola Protected Environment is described as a strategic national asset and a high-water yield area located on the watershed between the Usutu and Pongola catchments, supporting water security for Johannesburg, Tshwane, and regions in Mpumalanga, KwaZulu-Natal, and the Free State.
• The applicants contend that the MEC ignored scientific evidence and expert reports indicating that the proposed coal mine would cause acid mine drainage, damage wetlands, and contaminate surface and groundwater resources.
• The MEC is accused of failing to apply the precautionary principle and the vulnerable ecosystems principle as required by the National Environmental Management Act (NEMA), despite uncertainties regarding the volume and quality of water decant post-mining.
• The applicants argue that the MEC disregarded advice from the Environment Minister, who warned that the exclusion of the properties could have unintended consequences and cost implications and would likely be set aside by civil society.
• The MEC is alleged to have been biased in favour of the mine, having publicly stated that he supported the project because "people are hungry there" and that "people cannot eat wetlands".
• The applicants claim the MEC failed to consider the actual socio-economic impacts, noting that Uthaka's own documents suggest a lack of local skills may result in the majority of labour being sourced from outside the local community, potentially causing local tension.
• The document asserts that the MEC failed to account for South Africa's international environmental responsibilities, including obligations under the Ramsar Convention on Wetlands, the Migratory Species Convention, the Convention on Biological Diversity, and the Paris Agreement.
• The applicants are seeking a punitive costs order against Uthaka Energy (Pty) Ltd, alleging that the company's answering affidavit was filed late without a proper application for condonation and contained "scandalous, vexatious or irrelevant" personal attacks.

APA

Centre for Environmental Rights (n.d.). APPLICANTS’ HEADS OF ARGUMENT. https://cer.org.za/wp-content/uploads/2023/05/Applicants-Heads-of-Argument.pdf?x21779

Chicago

Centre for Environmental Rights. APPLICANTS’ HEADS OF ARGUMENT. n.d. https://cer.org.za/wp-content/uploads/2023/05/Applicants-Heads-of-Argument.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=APPLICANTS’ HEADS OF ARGUMENT |url=https://cer.org.za/wp-content/uploads/2023/05/Applicants-Heads-of-Argument.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndapplicants, author = {{Centre for Environmental Rights}}, title = {{APPLICANTS’ HEADS OF ARGUMENT}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2023/05/Applicants-Heads-of-Argument.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }