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The Centre for Environmental Rights (CER) has requested the Minister of Mineral Resources and Energy to suspend a decision granting Mineral Sands Resources (Pty) Ltd (MSR) an amendment to its mining rights for the expansion of the Tormin Mine on the West Coast of South Africa. The CER argues that the decision was made without public participation and poses an irreparable risk to Critical Biodiversity Areas.

This document is a legal affidavit and supporting evidence filed by the Centre for Environmental Rights (CER) on behalf of a coalition of environmental organisations. It seeks the review and setting aside of decisions made by a Municipal Planning Tribunal and a Municipal Appeal Authority regarding a land-use change application by Atha-Africa Ventures (Pty) Ltd for the proposed Yzermyn underground coal mine. The applicants argue that the decisions were irrational, procedurally unfair, and failed to consider the strategic environmental and hydrological significance of the area, specifically its location within a Strategic Water Source Area (SWSA) and the Mabola Protected Environment.

The Legal Resources Centre (LRC), representing a coalition of civil society, labour, and community organisations, submitted a series of formal requests to the South African Parliament and Presidency between March 2014 and February 2015. The LRC challenged the constitutionality of the Mining and Petroleum Resources Development Amendment Bill (MPRDAB) and the Restitution of Land Rights Amendment Bill, arguing that the National Council of Provinces (NCOP) and provincial legislatures failed to facilitate reasonable public participation. The documents detail specific concerns regarding the removal of community participation rights in mining, the discretionary nature of water use licenses, and the influence of industry lobbying over legislative changes.