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

A joint letter from several environmental organisations to the South African Minister of Environmental Affairs expressing concern over the decision to allow commercial mining in the Mabola Protected Environment and requesting stricter procedural fairness for future applications under section 48(1)(b) of the National Environmental Management: Protected Areas Act, 2003 (NEMPAA).

• 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 this decision creates a "dangerous precedent for mining in other declared protected areas."
• The letter outlines that when exercising discretion under section 48(1)(b) of NEMPAA, the Minister is legally required to consider the interests of local communities and environmental management principles from section 2 of the National Environmental Management Act, 1998 (NEMA). These principles include avoiding or minimising the disturbance of ecosystems and loss of biological diversity, applying a "risk-averse and cautious approach", and ensuring the environment is held in "public trust for the people".
• The organisations assert that the Minister must adhere to procedural fairness and administrative justice as required by section 33 of the Constitution and the Promotion of Administrative Justice Act, 2000 (PAJA). They state that relying on public participation processes from other licensing laws is insufficient because NEMPAA decisions involve unique objectives and considerations.
• The signatories request that for all current and future applications for commercial activities in protected environments under section 48(1)(b) of NEMPAA, the Department commit to: providing adequate notice via the Government Gazette and newspapers, allowing affected parties at least 60 days to make representations, and notifying parties of the final decision with reasons immediately.

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} }