This case concerns the validity of the decision of the President of the Republic of South Africa to publish an Act of Parliament which he had assented to and signed. The High Court of South Africa, Gauteng Division, Pretoria (High Court) declared that the President’s decision was irrational and set it aside.
Its order was submitted to this Court for confirmation as required by the Constitution.
Section 172(2)(d) confers the right of appeal against this kind of order on any person or organ of state with sufficient interest. Hence the appeal pursued by the Minister for Environmental Affairs and her Department.
Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15)  ZACC 40.20 MB