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West Coast Environmental Protection Group and others v Minister of Mineral Resources and others

13 June 2016

In this matter, the West Coast Environmental Protection Group (WCPG) is challenging the decision by the Department of Mineral Resources to grant a mining right to Elandsfontein Exploration and Mining (Pty) Ltd (now called Kropz Elandsfontein (Pty) Ltd) in respect of land bordering and in close vicinity the West Coast National Park, near the town of Hopefield in terms of the Mineral and Petroleum Resources Development Act, 2002.

In the application, WCPG is also challenging the decision of the DMR to approve the environmental management programme for Kropz’s proposed mining operation. It is furthermore asking the Court to declare the failure by Kropz to obtain environmental autorisation in terms of the National Environmental Management Act, 1998 unlawful.

The court documents

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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