Electoral Commission v Mhlope and Others [2016] ZACC 15 (14 June 2016)

Review under principle of legality and Promotion of Administrative Justice Act 3 of 2000 – rotation of country’s strategic oil stock – decisions and resultant transactions reviewed and set aside – just and equitable relief – factors relevant to assessment – misconduct by state officials – contracting parties innocent – compensation for out-of-pocket expenses appropriate – appeal dismissed.

Interdict to stop coal mining – interpretation of statutes – National
Environmental Management Act 107 of 1998 (NEMA) – environmental
authorisation to undertake listed activity under s 24 – whether required by holder
of mining right and environmental management programme in terms of the
Mineral and Petroleum Resources Development Act 28 of 2002 – no case made
out for interdict in founding papers – municipal approval of land use – Spatial
Planning and Land Use Management Act 16 of 2013, KwaZulu-Natal Planning
and Development Act 6 of 2008 and Mtubatuba Local Municipality Spatial
Planning and Land Use Management By-Law, 2017 – not required by virtue of
transitional arrangements – National Environmental Management Waste Act 59
of 2008 – waste management licence not required by reason of transitional
provision – non-compliance with the KwaZulu-Natal Heritage Act 4 of 2008 –
relocation of ancestral graves – no reasonable apprehension of harm – interdict
refused.