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mining and environment litigation review
The report analyzes 32 judicial precedents and 16 'live' cases to assess the legal landscape of mining and environmental rights in South Africa. It highlights a significant increase in litigation since the 2004 Mineral and Petroleum Resources Development Act (MPRDA), noting that while courts have made progressive rulings on land-use planning and consultation, there are critical gaps in jurisprudence regarding the National Environmental Management Act (NEMA) and the National Water Act (NWA). The document identifies systemic failures in the Department of Mineral Resources' (DMR) administrative processes, including lengthy appeal delays and inadequate public notification, and provides strategic recommendations for civil society to use constitutional norms and specific precedents to hold mining companies and the state accountable.
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Document type: Report