When administrative actions fail to meet procedural standards,
businesses can find themselves at risk of losing vast amounts of
capital, even if the projects themselves are critical to economic
growth. The public, too, may suffer, as the cancellation of major
projects often results in lost opportunities for economic
development, job creation, and infrastructure improvement. In
projects involving energy, for example, the stakes are particularly
high, as a project's cancellation could negatively impact
national energy security.
These were the factors at play in the case of Minister of
Mineral Resources and Energy and Others v Sustaining the Wild Coast
NPC and Others [2024 (5) SA 38] (Sustaining the Wild Coast).
The case implicitly highlights the importance for courts to balance
considerations such as fairness and justice in formulating remedies
for unlawful administrative actions, particularly when public
participation, economic interests, and environmental concerns
