The Constitutional Court granted leave to appeal in two consolidated matters about an exploration right and its renewals on the Wild Coast. It upheld the appeals and set aside the Supreme Court of Appeal order that had suspended the High Court’s setting aside of the impugned decisions pending a third renewal application. The judgment discusses the interaction between environmental, cultural, economic and participation considerations in deciding what was just and equitable.
This may be relevant to environmental, energy, mining and public participation matters involving coastal resources and remedial orders.
Evidence from source
This matter concerns consolidated applications for leave to appeal paragraphs 26 to 31 of the judgment and paragraph 32(b) of the order of the Supreme Court of Appeal.
Supports: The case was a consolidated appeal in two matters.
the question of what constitutes a just and equitable remedy in light of the interaction between these three crucial components
Supports: The judgment addresses the interaction between environmental, cultural, economic and participation considerations.