South African National Parks v MTO Forestry (Pty) Ltd and Another

SANParks, an organ of state responsible for managing the Table Mountain National Park, inherited a long-term lease concluded between the Minister of Water Affairs and MTO Forestry (Pty) Ltd permitting the clear-felling of plantation trees in the Tokai Forest over a 20-year period. Following extensive public participation, SANParks adopted a Revised Management Framework envisaging a phased and consultative transition from commercial plantations to a national park landscape. After a major fire in March 2015, MTO requested permission to accelerate the felling schedule and exit the lease early. SANParks approved this variation without further public consultation. Parkscape, a non-profit organisation advocating for urban parkland and biodiversity, challenged the approval, alleging procedural unfairness and breach of a legitimate expectation of consultation.

The appeal was dismissed with costs, including the costs of two counsel. The High Court’s order reviewing and setting aside SANParks’ approval and interdicting the accelerated felling remained in force.

The case affirms that organs of state cannot evade administrative law obligations by characterising decisions as purely contractual. It reinforces the principle that the exercise of contractual rights by public bodies may constitute administrative action subject to PAJA, and that legitimate expectations can arise from policy frameworks and established consultative practices, particularly in environmental governance.