18 April 2019
High Court of the Republic of South Africa, Western Cape Division, Cape Town
Case no. 6744/2018
Date: 18 April 2019
Judge: Bozalek J
This matter concerned the issuing of permits for boat-based whale and dolphin watching (BBWW) in terms of the National Environmental Management: Biodiversity Act, 2004 (NEMBA), read with the List of Marine Species that are Threatened or Protected, restricted Activities that are Prohibited and Exempted from Restriction and the Threatened or Protected Marine Species Regulations. Section 43 of the National Environmental Management Act, 1998, which deals with administrative appeals, as well as the National Appeal Regulations published under that Act, were also considered.
The Court set aside the decision of the Minister of Environmental Affairs’ decision to uphold the appeal of an appellant relating to the issuing of a BBWW permit on review (see the Promotion of Administrative Justice Act, 2000). The matter was remitted back to the Minister for reconsideration.