16 May 2018
High Court of the Republic of South Africa, Gauteng Division, Pretoria
Case no. 95261/15
Date: 16 May 2018
Judge: EF Dippenaar AJ
In this matter, the applicants sought to have the Regulations for Petroleum Exploration and Production, 2015 (regulations), made in terms of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA), set aside on review. the applicants argued that the regulations were ultra vires the MPRDA and that they are in any event vague and are ineffective as environmental management tools.
The court rejected the applicant’s arguments. It held that the authorising provisions in the MPRDA should be read in context of the One Environmental System as a whole. It also rejected the other arguments on the basis that, in the Court’s opinion, there was no evidence on the papers that the regulations are vague or ineffective.
The matter was argued on the premise that the act of making regulations does not constitute administrative action, which was the approach followed in the matter of Stern N.O. and others v Minister of Mineral Resources.