17 October 2017
High Court of the Republic of South Africa, Eastern Cape Division, Grahamstown
Case No. 5762/2015
Date: 17 October 2017
In this matter, the Grahamstown High Court set aside the Regulations for Petroleum Exploration and Production, 2015 published by the Minister of Mineral Resources on 3 June 2015 in terms of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA) principally because the Minister of Mineral Resources was not authorised to make the regulations. the provision of the MPRDA on which the Minister of Mineral Resources relied to make the regulations had been repealed in 2013 and therefore no longer existed.
The Court also found that the making of the regulations was procedurally unfair and that it unlawfully “amended” the One Environmental System.