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Van den Heever v Minister of Minerals and Energy and others

March 19, 2015 at 12:00 am

Supreme Court of Appeal 

Case number: 150/2014

Date of judgment: 19 March 2015

Judges: Cachalia JA (Brand, Lewi and Zondi JJA and Dambuza AJA concurring)

Appeal against the decision of the High Court, Northern Cape Division, Kimberley to refuse the application by the appellant to review the decision of the Department of Mineral Resources to convert an old order mining right into a right under the Mineral and Petroleum Resources Development Act, 2002

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High Court of South Africa, Northern Cape Division, Kimberley 

Case no. 1252/2010

Date of judgment: 4 May 2012

Judges: Kgomo JPet Hughes-Modondo AJ

Type of application: Judicial review

Legislation considered: Mineral and Petroleum Resources Development Act, 2002

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Download a case note by Professor Tracy Humby at Wits University

Section 24 of the Constitution of the Republic of South Africa, 1996

Everyone has the right to an environment that is not harmful to their health or well-being; and to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that prevent pollution and ecological degradation; promote conservation; and secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

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