File(s) under permanent embargo
Review of a refusal to grant a prospecting right
journal contributionposted on 2008-01-01, 00:00 authored by Pieter BadenhorstPieter Badenhorst, M Cornelly
The decision involved an application for the review and setting aside of a refusal to grant a prospecting right in terms of section 17 of the Mineral and Petroleum Resources Development Act 28 of 2002 (the "MPRD Act")(par 1). The decision also dealt with the right (and duty) of an applicant to an internal appeal in terms of section 96 of the MPRD Act (par 5) as well as the procedural fairness of the decision (par18). The decision by the state to refuse the application for a prospecting right was reviewed and set aside by the court, without requiring such internal appeal, (par 20) as the decision was regarded as manifestly unfair (par 18). The court referred the matter back to the Minister for reconsideration (par 18).