Wings Park Port Elizabeth (Pty) Ltd v Member of the Executive Council for Environmental Affairs and Tourism, Eastern Cape Provincial Government and others
14 June 2018
High Court of the Republic of South Africa, Eastern Cape Division, Grahamstown
Case No. 3917/17
Date: 14 June 2018
Judge: Plasket J
In this matter, the Court found that appeals under the National Environmental Management Act, 1998 are wide appeals. In the matter, the Eastern Cape provincial department responsible for environmental affairs dismissed an appeal against the decision of the Eastern Cape Provincial Department responsible for environmental affairs to grant environmental authorisation to the Wings Park Port Elizabeth (Pty) Ltd (Wings Park). Wings Park challenged the refusal by the Department to grant environmental authorisation to it on review, but chose not to challenge the decision of the MEC to dismiss its internal appeal. The Court held that, even if Wings Park was successful on appeal, the matter was moot because the appeal was a complete re-hearing of the application by the MEC.