South Durban Community Environmental Alliance v MEC for Economic Development, Tourism and Environmental Affairs: KwaZulu-Natal Provincial Government and Another

Capital Property Fund Limited obtained environmental authorisation under section 24 of the National Environmental Management Act 107 of 1998 (NEMA) from the KwaZulu-Natal Department of Economic Development, Tourism and Environmental Affairs to construct a logistics park on the site of the former Clairwood Park Racecourse in the South Durban Industrial Basin. The South Durban Community Environmental Alliance, an environmental justice NGO, opposed the authorisation, arguing that the project would exacerbate air pollution and harm already vulnerable communities with a history of industrial pollution. After the Department granted authorisation, the Alliance lodged an internal appeal to the MEC under section 43 of NEMA, which was dismissed. The Alliance then sought judicial review under PAJA of the MEC’s appellate decision only, without reviewing the Department’s original authorisation.

The appeal was dismissed, save that the order of costs made by the High Court was set aside.

The case is significant for reaffirming the strict limits of judicial review under PAJA, particularly in environmental matters involving specialist assessments. It clarifies that material errors of fact are only reviewable where the facts are uncontentious, objectively verifiable, and material. The judgment also underscores the importance of challenging both first-instance and appellate administrative decisions where an unfavourable decision is confirmed on internal appeal, and cautions against conflating appeal grounds with review grounds.