Maledu and Others v Itereleng Bakgatla Mineral Resources (Pty) Ltd and Another [2018] ZACC 41 (25 October 2018)

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.

Appeal – factual findings of trial court – test restated – no basis for
interference unless finding vitiated by material – no material misdirections in
findings of trial court – appeal dismissed.

Section 22(4)(b) of the Mineral and Petroleum Resources
Development Act 28 of 2002 – whether the appellant satisfied the requirement
to notify and consult with interested and affected persons – High Court's order
reviewing and setting aside the decision of the Minister of Mining Resources to
grant a mining right to the appellant set aside – appeal upheld – applications to
lead further evidence and to intervene dismissed.