Mining Case Law Review Fact Sheets: Pending Cases - South Africa

These fact sheets show pending or “live” legal challenges in which no ruling had been made at the time of compilation, and selected to form part of the Mining and Environment Litigation Review.

The Centre for Environmental Rights commissioned and the Wits School of Law carried out this project in an attempt to collate information on jurisprudential trends in finalised cases, and arguments put forward by appellants and respondents in pending or “live” cases. In relation to the latter, the summaries and report may contain and repeat allegations made by parties which are disputed by other parties, and in relation to which no finding has been made.

Limitations and disclaimer

The Mining and Environment Litigation Review of which these fact sheets form part was prepared with the following limitations:

• Subject of the litigation: The primary focus of the project is litigation pertaining to rights and obligations related to carrying out prospecting, exploration or mining activities, with a particular focus on assessing and mitigating impact on the environment and interested and affected parties.
• Time: The outcomes of this project reflects the status quo as at July 2011.
• Forum: The Inventory covers litigation initiated or completed in the High Courts, the Supreme Court of Appeal and the Constitutional Court, as well as appeals to and rulings by the Water Tribunal and other administrative appeal bodies.
• Form of legal authority: The project is not limited to litigation relating to the interpretation of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) but can cover litigation based on the authority of any environment-related statute or the common law.

Practitioners, litigants, students and academics who become aware of any new cases or the completion of any pending cases can notify The Centre for Environmental Rights at info@cer.org.za so that they can update the database accordingly.