Minister of Mineral Resources v Stern N.O. and others; Treasure the Karoo Action Group and another v Minister of Mineral Resources
4 July 2019
This matter concerned the legality of the Regulations for Petroleum Exploration and Production, 2015, published by the Minster of Mineral Resources (Minister) on 3 June 2015 in terms of the Mineral and Petroleum Resources Development Act, 2002 (MPRDA). The Court Court upheld the decision of the Grahamstown High Court in the matter of Stern N.O. and others v Minister of Mineral Resources to set aside the making of those regulations on the basis that the Minister was not authorised in terms of the MPRDA to make those 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 The provision of the MPRDA on which the Minister of Mineral Resources relied to make the regulations had been repealed in 2013 and therefore no longer existed.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 upheld the appeal in the matter of Treasure the Karoo Action Group and another v Minister of Mineral Resources, in which the Pretoria High Court upheld the legality of the regulations.