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Another Mabola Success: Atha's Petition to the SCA to appeal the Protected Areas Judgement Denied!

Friday, 10 May 2019 09:29
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SUCCESS: ATHA’S PETITION TO THE SUPREME COURT OF APPEAL FOR LEAVE (PERMISSION) TO APPEAL THE PROTECTED AREAS JUDGEMENT DENIED!

 

The High Court, in January 2019, dismissed Atha’s application for leave to appeal.  Atha petitioned the SCA for leave to appeal the Protected Areas judgement that was obtained in the High Court in November, 2018 by a Coalition of NGOs, of which the FSE is a party to. 

The SCA dismissed Atha’s petition for leave to appeal, with costs. This means that Atha doesn’t have permission to appeal the Protected Areas judgement and is required to pay the costs incurred in opposing the petition. The Court Order is attached. 

The judgment secured in November 2018 remains intact.

For background: In 19 March 2019 the CER on behalf of the Coalition lodged the Coalition’s answering affidavit to Atha’s petition with the SCA. Attached is the affidavit. Atha was entitled to reply to the Coalition’s answering affidavit by 2 April 2019, but they did not exercise that right.

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