“A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES

The World Wide Fund for Nature South Africa (WWF-SA), represented by the Centre for Environmental Rights (CER), filed an internal appeal to the Department of Mineral Resources (DMR) on 26 July 2013. The appeal challenges the DMR's refusal to grant access to records regarding seabed prospecting rights and strategies in South Africa's territorial waters and Exclusive Economic Zone (EEZ), which the DMR claimed would substantially and unreasonably divert its resources.

• On 10 May 2013, the Centre for Environmental Rights (CER) requested records from the Department of Mineral Resources (DMR) concerning seabed prospecting in South Africa's territorial waters and Exclusive Economic Zone (EEZ). The request sought lists of granted prospecting rights since 2008, pending applications, geographical coordinates/maps of these areas, a database of seabed prospecting and mining, and the DMR's national or regional seabed prospecting and mining strategies.
• The DMR refused the PAIA request on 23 May 2013, citing section 45(b) of the Promotion of Access to Information Act (PAIA), claiming that processing the request would "substantially and unreasonably divert the resources of the public body." The DMR suggested that the requester obtain the information directly from relevant companies.
• WWF-SA argues that the DMR failed to properly apply its mind to the request by issuing a generic, "one size fits all" refusal letter and failing to explain why each specific record requested would cause a substantial diversion of resources.
• The appeal asserts that the DMR did not meet its legal onus of proof to justify non-disclosure, as it provided no evidence or causal link between the requested information and the alleged diversion of resources.
• WWF-SA contends that the information should be disclosed under the section 46 "override provision" of PAIA because it could reveal an imminent and serious environmental risk. Specifically, seabed mining may overlap with key biodiversity areas and the South African Hake Trawl Fishery, which is valued at R2.7 billion.
• The appeal claims that disclosure could reveal a failure to comply with the law, specifically regarding the public participation processes required by sections 10 and 16(4) of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA).
• The appellant alleges that the DMR's refusal letter violated section 25(3) of PAIA by failing to provide adequate reasons for the refusal and omitting information regarding the requester's right to lodge an internal appeal or court application.

APA

Centre for Environmental Rights (2013). “A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES. https://cer.org.za/wp-content/uploads/2016/08/CER-WWF-Internal-Appeal_DMR.pdf?x21779

Chicago

Centre for Environmental Rights. “A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES. 2013. https://cer.org.za/wp-content/uploads/2016/08/CER-WWF-Internal-Appeal_DMR.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=“A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES |date=26 July 2013 |url=https://cer.org.za/wp-content/uploads/2016/08/CER-WWF-Internal-Appeal_DMR.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2013internal, author = {{Centre for Environmental Rights}}, title = {{“A” INTERNAL APPEAL TO THE DEPARTMENT OF MINERAL RESOURCES}}, publisher = {Centre for Environmental Rights}, year = {2013}, month = jul, url = {https://cer.org.za/wp-content/uploads/2016/08/CER-WWF-Internal-Appeal_DMR.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }