- South Africa’s Minister of Forestry, Fisheries and the Environment, Dr. Dion George, welcomes the Supreme Court of Appeal’s (SCA) landmark decision yesterday in the case of Minister of Forestry, Fisheries and the Environment & Others v Badenhorst N.O. & Others (Case No: 1004/2023).
- The SCA supported the Department by overturning a previous court ruling that had challenged the approval of Environmental Authorisations (EAs) for three Wind Energy Facilities (WEFs) proposed by the Highlands companies in the Eastern Cape.
This ruling confirms that the Department followed the National Environmental Management Act (NEMA) and its regulations correctly when approving the EAs. The court recognised that these approvals came with strict conditions, like requiring public input and finalising layout plans and Environmental Management Programmes (EMPrs), to protect the environment. This decision shows that the Department’s process was fair, lawful, and focused on balancing development with environmental care.
This landmark victory clarifies how environmental laws should be applied, ensuring that projects like wind farms can move forward responsibly. It supports South Africa’s push for clean, renewable energy in areas like the Cookhouse Renewable Energy Development Zone (REDZ), where these wind farms are planned. The ruling also ensures that communities and stakeholders, like the respondents, can still share their views during the process without being disadvantaged.
Author: Bryan Groenendaal
