AfriForum and the Treasure the Karoo Action Group (TKAG) have succeeded in their appeal to have Mineral Resources and Energy Minister Gwede Mantashe, and Environment, Forestry and Fisheries Minister Barbara Creecy set aside the regulations on petroleum exploration and production.
The regulations were promulgated in 2015 and allow for fracking to proceed in South Africa.
Judges ruled in favour of AfriForum and TKAG in the Appeals Court on Thursday.
AfriForum and TKAG have been involved in litigation for years to prevent the implementation of fracking for gas extraction in the Karoo. They maintained that the regulations were illegal on several grounds.
According to a statement issued on Thursday, the court had found that the Mineral Resources and Energy Minister did not have the power and authority to implement the regulations for petroleum exploration and production, and that he ought to have taken ownership of the process and regulations.
AfriForum local government affairs head Morné Mostert said the ruling was “a major victory” to ensure that the environment is preserved.
“We must ensure that future generations have a place in which to live sustainably. We cannot afford to take short-sighted decisions.”
He added that the ruling was proof of the necessity that the departments of Mineral Resources and Energy and Environment, Forestry and Fisheries should consult with organisations like AfriForum and TKAG, rather than continuing to make wrong decisions.
TKAG CEO Jonathan Deal, meanwhile, noted that the ruling justified the reservations that AfriForum and TKAG had about the regulations and fracking technology.
“South Africa simply does not have enough resources to handle this industry – water is a resource that one simply cannot waste,” he asserted.