Member of the Executive Council for Local Government, Environmental Affairs and Development Planning, Western Cape & another v Hans Ulrich Plotz NO & another

The first respondent, a trustee of the McGregor Trust, unlawfully undertook various construction and alteration activities within and adjacent to a watercourse on public open space land in Bakoven, Cape Town, without obtaining prior environmental authorisation as required by the National Environmental Management Act 107 of 1998 (NEMA). These activities included the construction of concrete weirs, lining of stream banks, and removal of river material, which caused ongoing environmental degradation. The trust applied retrospectively for rectification under s 24G of NEMA. The Director: Environmental Governance determined an administrative fine of R475 000 in terms of s 24G(4). The trust attempted to appeal internally to the MEC but failed to lodge a procedurally compliant and timeous appeal or seek condonation. The MEC therefore refused to consider the appeal. The trust then brought a PAJA review application challenging both the MEC’s refusal and the Director’s fine.

The appeal succeeded with costs. The order of the High Court was set aside and replaced with an order dismissing the review application with costs, including the costs of two counsel.

The case reaffirms the strict and compulsory nature of the duty to exhaust internal remedies under s 7(2) of PAJA and clarifies that courts may not lightly dispense with this requirement. It emphasises that procedurally defective or abandoned internal appeals do not constitute exhaustion and that exemption requires a formal application and proof of exceptional circumstances. The judgment strengthens administrative-law discipline in environmental enforcement under NEMA.