IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR

The Escarpment Environment Protection Group (EEPOG) and other appellants have filed an internal appeal to the Minister of Mineral Resources to suspend and set aside the granting of a mining right and the approval of an Environmental Management Programme (EMPR) to William Patrick Bower (Pty) Ltd (WPB). The appellants argue that the process was procedurally unfair, lacked meaningful consultation, and ignored critical environmental and socio-economic risks in the sensitive Steenkampsberg area of Mpumalanga.

• The appellants claim the consultation process was fatally flawed because the applicant, William Patrick Bower (Pty) Ltd (WPB), failed to provide the scoping report to interested and affected parties (IAPs) before submitting it to the Department of Mineral Resources (DMR) on 4 April 2011.
• The appeal asserts that the Social and Labour Plan (SLP), a critical document for deciding whether to grant a mining right, was never made available to the appellants or other IAPs.
• The Regional Manager and Chairman of the Regional Mining Development and Environmental Committee (RMDEC), Mr. Aubrey Tshivhandokano, is alleged to have shown extreme bias against objectors, including dismissing concerns about biodiversity and refusing to consider job losses outside the immediate mining area.
• Environmental experts and organizations, including the Endangered Wildlife Trust (EWT) and BirdLife South Africa, argue that the avifaunal study was insufficient, as it relied on a two-day winter site visit and failed to account for critically endangered species like the Wattled Crane.
• The Mpumalanga Tourism and Parks Agency (MTPA) identifies the Dullstroom-Belfast area as having exceptional biodiversity value, noting that 42.2% of the area consists of Critical Biodiversity Areas and that the Environmental Management Framework (EMF) designates 0% of the area as suitable for mining.
• The appellants argue that the socio-economic assessment was inadequate, failing to weigh the creation of approximately 43 temporary jobs against the potential loss of 1,000 permanent jobs in the eco-tourism industry.
• Geohydrological assessments by Mr. Mike Brett and Golder Associates suggest a high risk of acid mine drainage (AMD) and pollution of the Olifants River and Nkomati catchments, claiming the EMPR lacks a sustainable closure plan and adequate water management design.
• The appeal contends that the decision to grant the mining right violated the Promotion of Administrative Justice Act (PAJA) because the appellants were not notified of the decision, nor were they provided with reasons or notice of their right to appeal.

APA

Centre for Environmental Rights (n.d.). IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR. https://cer.org.za/wp-content/uploads/2011/12/EEPOG-Appeal.pdf?x21779

Chicago

Centre for Environmental Rights. IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR. n.d. https://cer.org.za/wp-content/uploads/2011/12/EEPOG-Appeal.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR |url=https://cer.org.za/wp-content/uploads/2011/12/EEPOG-Appeal.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrightsndmatter, author = {{Centre for Environmental Rights}}, title = {{IN THE MATTER OF THE GRANTING OF AUTHORISATION IN TERMS OF SECTION 23(1) OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT – GRANTING OF A MINING RIGHT AND APPROVAL OF THE EMPR IN RESPECT OF PORTIONS 6 and 23 OF GROENVLEI 353 JT and PORTION 12 of LAKENVLEI 355 JT , LOCATED IN THE MAGISTERIAL DISTRICT OF BELFAST, MPUMALANGA PROVINCE. REFERENCE MP 30/5/1/2/2/505 MR INTERNAL APPEAL TO THE MINISTER OF MINERAL RESOURCES APPEAL IN TERMS OF SECTION 96 OF THE MINERALS PETROLEUM RESOURCES DEVELOPMENT ACT AND URGENT REQUEST FOR THE REASONS TO GRANT THE ABOVEMNETIONED MINING RIGHT AND APPROVAL THE EMPR IN TERMS OF SECTION 6(2) OF THE ACT AND URGENT SUSPENSION OF THE MINING RIGHT AND APPROVED EMPR}}, publisher = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2011/12/EEPOG-Appeal.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }