Bon Accord Environment Forum v Department of Mineral Resources: Chief Inspector of Mines (Gauteng Region) and Others

Bon Accord Environmental Forum (BAEF), a non-profit environmental organisation representing community members, challenged the decision of the Principal Inspector of Mines to grant Four Rivers Trading 263 (Pty) Ltd permission to conduct blasting operations within 500 metres of residential areas. The permission was initially granted in July 2017, suspended following complaints, and re-issued on 18 October 2017. BAEF lodged an internal appeal in December 2017, outside the prescribed 30-day period, and sought condonation. The Chief Inspector refused condonation and dismissed the appeal in June 2018. BAEF then pursued two parallel processes: an appeal to the Labour Court under section 58 of the Mine Health and Safety Act (MHSA) and a judicial review under section 6 of PAJA.

The PAJA review was dismissed for lack of jurisdiction. The statutory appeal under section 58 of the MHSA was dismissed. BAEF was ordered to pay costs, including the costs of senior counsel.

The case clarifies the limits of the Labour Court’s jurisdiction in administrative law, confirming that PAJA reviews generally fall within the High Court’s jurisdiction and that specialised statutory appeal mechanisms under the MHSA are exclusive. It reinforces the separation between statutory appeals and PAJA reviews in South African administrative and labour jurisprudence.