According to papers, which News24 has seen, the court set aside the permission and referred the decision back to the two ministries for reconsideration on the basis that the ministers did not take their decisions in an open and transparent manner or in a manner that promoted public participation. The court found that they were therefore procedurally unfair.
The court also ordered, among other things, that the ministers should comply with sections 3 and 4 of the Promotion of Administrative Justice Act (PAJA) and take into account the interests of local communities and the environmental principles referred to in Section 2 of the National Environmental Management Act (NEMA) "with a strict measure of scrutiny".