applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf

This document is a legal notice filed in the High Court of South Africa (Gauteng Division, Pretoria) in August 2017. It outlines the grounds upon which several applicants, including Mining and Environmental Justice and GroundWork, seek the review and setting aside of decisions made by the Minister of Environmental Affairs and the Minister of Mineral Resources to allow Atha-Africa Ventures (Pty) Ltd to conduct commercial mining in the Mabola Protected Environment.

• The applicants seek to overturn decisions by the Minister of Environmental Affairs and the Minister of Mineral Resources that granted Atha-Africa Ventures (Pty) Ltd permission under section 48(1)(b) of the National Environmental Management: Protected Areas Act 57 of 2003 (NEMPAA) to perform commercial mining in the Mabola Protected Environment. The applicants argue these decisions are "unconstitutional in that they are irrational, in conflict with the rule of law".
• The applicants allege that the Ministers failed to follow mandatory procedures and principles, including failing to promote public participation under the National Environmental Management Act 107 of 1998 (NEMA), ignoring the interests of local communities as required by section 48(4) of NEMPAA, and failing to apply the precautionary and vulnerable ecosystems principles.
• The legal challenge claims the decisions were based on flawed information and a misunderstanding of legal duties. Specifically, the applicants state the Ministers relied on an "outdated and rejected version" of the environmental impact assessment report (EIAR) and failed to identify any "exceptional circumstance" that would justify mining in a protected environment as envisaged by NEMPAA.
• The applicants argue that the Ministers ignored critical pending matters and financial risks, including statutory appeals regarding the environmental management programme (EMPR), environmental authorisation, and water use licences, as well as "inadequate financial provision" by Atha for environmental rehabilitation and water treatment.

APA

Centre for Environmental Rights (n.d.). applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf. https://cer.org.za/wp-content/uploads/2018/03/Applicants-notice-ito-Rule-16A.pdf?x21779

Chicago

Centre for Environmental Rights. applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf. n.d. https://cer.org.za/wp-content/uploads/2018/03/Applicants-notice-ito-Rule-16A.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf |url=https://cer.org.za/wp-content/uploads/2018/03/Applicants-notice-ito-Rule-16A.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndapplicantsnoticeitorule16a04cc8aab01466fe1pdf, author = {{Centre for Environmental Rights}}, title = {{applicants-notice-ito-rule-16a-04cc8aab01466fe1.pdf}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2018/03/Applicants-notice-ito-Rule-16A.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }