Summary: | In the recent case of Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others [2019] 1 All SA 491 (GP) the High Court of South Africa decided on a case brought by a coalition of eight civil society organisations. The Applicants challenged several authorisations, which led to the permission of an underground coal mine in the Mabola Protected Environment. The Mabola Protected Environment is located within southern Mpumalanga and is recognised as the site of some of the most sensitive and unique biodiversity in the country. The area is also a critically important and high yielding water catchment. The Mabola Protected Environment was declared on 22 January 2014 with the vision of developing the area for ecotourism development. Against this background, the aim of this paper is to analyse the judgement of the court in Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others and to locate its significance in the context of ecotourism. It will be argued that protected areas not only help protect our biodiversity, particularly our incredible wildlife and important natural ecosystems, but are also a key part of South Africa’s reputation as a global ecotourism destination. It is thus, crucial that government, as custodian of protected environments, effectively and diligently performs its crucial role of ensuring that declared protected environments are protected. The researcher concludes by submitting that ecotourism should be promoted in protected areas renowned for among others, their outstanding beauty and extraordinary ecological interest and that government should devise ways of returning the benefits to the local communities while supporting the protection of protected areas.
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