SECOND RESPONDENT’S PRACTICE NOTE

This practice note concerns a legal challenge in the High Court of South Africa (Mpumalanga Division) where applicants seek to overturn the decision to exclude four properties from the Mabola Protected Environment (MPE). The Second Respondent, Uthaka Energy (Pty) Ltd, opposes the review and argues against the inclusion of scientific reports in the court's arguments.

• The Applicants are seeking the review and setting aside of a decision made by the First Respondent (MEC for Agriculture, Rural Development Land and Environmental Affairs Mpumalanga) to exclude four properties from the Mabola Protected Environment (MPE). This application is brought under Rule 53 of the Uniform Rules of Court.
• The Second Respondent, Uthaka Energy (Pty) Ltd, opposes the review and requests its dismissal with no order as to costs. The central issue for determination is whether the decision to exclude the four properties from the MPE should be set aside or varied based on Section 6 of the Promotion of Administrative Justice Act (PAJA).
• The Second Respondent suggests that at least one day is required for argument, noting that the duration will depend on whether the Court allows arguments on scientific reports, which the Second Respondent contends should not be entertained.

APA

Centre for Environmental Rights (n.d.). SECOND RESPONDENT’S PRACTICE NOTE. https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Practice-Note.pdf?x21779

Chicago

Centre for Environmental Rights. SECOND RESPONDENT’S PRACTICE NOTE. n.d. https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Practice-Note.pdf?x21779.

Wikipedia

{{cite report |author=Centre for Environmental Rights |title=SECOND RESPONDENT’S PRACTICE NOTE |url=https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Practice-Note.pdf?x21779 |access-date=17 August 2026 |via=Climate Insights Directory}}

BibTeX

@techreport{centreforenvironmentalrightsndsecond, author = {{Centre for Environmental Rights}}, title = {{SECOND RESPONDENT’S PRACTICE NOTE}}, institution = {Centre for Environmental Rights}, url = {https://cer.org.za/wp-content/uploads/2023/05/Second-Respondents-Practice-Note.pdf?x21779}, urldate = {2026-08-17}, note = {Indexed by Climate Insights Directory} }