JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003

Environmental organisations are challenging the Minister of Environmental Affairs' decision to permit commercial mining in the Mabola Protected Environment, arguing it sets a dangerous precedent. They demand that the Minister adhere to constitutional rights, environmental management principles under NEMA, and procedural fairness requirements under PAJA for all current and future applications to conduct commercial activities in protected areas.

• The undersigned organisations express grave concern and disappointment regarding the Minister of Environmental Affairs' decision to permit commercial mining within the Mabola Protected Environment, which was declared under section 28(1) of the National Environmental Management: Protected Areas Act, 2003 (NEMPAA).
• The organisations argue that allowing commercial mining in the Mabola Protected Environment creates a dangerous precedent for other declared protected areas and that the Minister's exercise of discretion was flawed.
• The letter asserts that decisions under section 48(1)(b) of NEMPAA must align with section 24 of the Constitution of the Republic of South Africa, 1996, which guarantees the right to an environment that is not harmful to health or well-being and is protected for future generations.
• The organisations demand that the Minister commit to specific procedural fairness measures for any pending or future applications under section 48(1)(b) of NEMPAA, including: providing adequate notice via the Government Gazette and newspapers, allowing at least 60 days for representations, and notifying interested parties of decisions with reasons.
• The letter emphasizes that public participation processes conducted for other licenses or permits are insufficient for decisions under NEMPAA, which require the consideration of unique objectives and considerations.

APA

Centre for Environmental Rights (2017). JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003. https://cer.org.za/wp-content/uploads/2017/02/Joint-Letter-to-Minister-re-s48-of-NEMPAA-17-Feb-2017.pdf?x21779

Chicago

Centre for Environmental Rights. JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003. 2017. https://cer.org.za/wp-content/uploads/2017/02/Joint-Letter-to-Minister-re-s48-of-NEMPAA-17-Feb-2017.pdf?x21779.

Wikipedia

{{cite press release |author=Centre for Environmental Rights |title=JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003 |date=17 February 2017 |url=https://cer.org.za/wp-content/uploads/2017/02/Joint-Letter-to-Minister-re-s48-of-NEMPAA-17-Feb-2017.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@misc{centreforenvironmentalrights2017joint, author = {{Centre for Environmental Rights}}, title = {{JOINT LETTER TO THE MINISTER: PERMISSION TO CONDUCT COMMERCIAL PROSPECTING, MINING, EXPLORATION, PRODUCTION OR RELATED ACTIVITIES INSIDE PROTECTED ENVIRONMENTS: SECTION 48(1)(B) OF THE NATIONAL ENVIRONMENTAL MANAGEMENT: PROTECTED AREAS ACT, 2003}}, publisher = {Centre for Environmental Rights}, year = {2017}, month = feb, url = {https://cer.org.za/wp-content/uploads/2017/02/Joint-Letter-to-Minister-re-s48-of-NEMPAA-17-Feb-2017.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }