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MEC for Local Government, Environmental Affairs and Development Planning, Western Cape & another v Hans Ulrich Plotz NO & another (495/2017) [2017] ZASCA 175 (1 December 2017) MEC for Local Government, Environmental Affairs and Development Planning, Western Cape & another v Hans Ulrich Plotz NO & another (495/2017) [2017] ZASCA 175 (1 December 2017) hotpic

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Administrative law – Review of decision of director determining administrative penalty payable in terms of s 24G(4) of the National Environmental Management Act 107 of 1998 (NEMA) – Duty to exhaust internal remedies before instituting legal proceedings – s 7(2) of the Promotion of Administrative Justice Act 3 of 2000 - duty absolute except where court grants exemption upon being satisfied that there are ‘exceptional circumstances’ and that it is in the interest of justice that exemption be given - s 43(2) of NEMA affords internal remedy of appeal to MEC against decision of director - submission of procedurally defective internal appeal out of time – failure to seek condonation – failure to take reasonable steps to exhaust available internal remedy – exemption not justified – appeal succeeds.

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Created 2017-12-01
Changed 2017-12-19
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