JUDGEMENT
Farmland J; On 26 May 1995 Messrs. A M van Huyssteen, H P Venter and J D Coetzee, in their
capacities as trustees for the time being of the Witterdrift Trust instituted proceedings by notice of
motion against the following respondents:
(1) The Minister of Environmental Affairs and Tourism of the National- Government as first
respondent;
(2) The Premier of the Western Cape Province, as second respondent;
(3) The Minister of Agriculture, Planning and Tourism. Western Cape, as third respondent;
(4) The Interim Counci1 of the West Coast Peninsula (Vredenburg, Saldanha, St Helena Bay and
Paternoster), as, fourth respondent;
(5) The Municipality of Langebaan as fifth respondent;
(6) Iscor Ltd. as sixth respondent;
(7) Saldanha Steel (Pty) Ltd (a subsidiary of sixth respondent) as seventh respondent; and
(8) The National Board as eighth respondent.
Subsequently the Minister of Finance, Nature and Environmental Affairs, Western Cape, was
joined as ninth respondent. During the course of the argument I ordered that Mr. Van Huyssteen,
in his personal capacity be joined as fourth applicant.
In the original notice of motion first, second and third applicants sought, as a matter of urgency,
orders in the following terms:
(a) A rule nisi in terms whereof:
(i) First respondent was to be ordered to make available to the applicants, in terms of s
2.3 of the Constitution of the Republic of South Africa Act 200 of 1993 copies of all
documentation in his possession relevant to the proposed steel factory at Vredenburg-
Saldanha, including all the correspondence, inter-office and inter departmental
memoranda minutes of meetings and discussions, notes, impact studies, reports and
disclosures of interest by any person(s) involved in the decision taking process with
reference to the proposed development of a steel factory by sixth or seventh respondent at
Vredenburg-Saldanha;(ii) first respondent was to be ordered to appoint a board of enquiry in terms of s 15( I) of
the Environmental Conservation Act 73 of 1989 in order to assist him in the evaluation
of:(A) the proposed development of a steel factory by sixth respondent or seventh respondent at
Vredenburg-Saldanha;.
(B) the probable secondary industrial development resulting therefrom should it proceed;
(C) the probable development of the Saldanha Bay harbour and/or are quay and in the sur-