Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15) [2016] ZACC 4; 2016 (5) BCLR 673 (CC) (23 February 2016)

Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others (CCT102/15) [2016] ZACC 4; 2016 (5) BCLR 673 (CC) (23 February 2016)

The Constitutional Court held that section 32 of the National Environmental Management Laws Amendment Act prescribed that the Act would come into effect three months from the date of publication by the President. The President's role was limited to publication, which served as a reference point for commencement....

Source-derived case information.

Citation
[2016] ZACC 4
Parties
Appellant: Minister for Environmental Affairs; Appellant: Department of Environmental Affairs; Respondent: Aquarius Platinum (SA) (Pty) Ltd; Respondent: Minister of Water and Sanitation; Respondent: Director-General: Department of Water and Sanitation; Respondent: Minister of Mineral Resources; Respondent: President of the Republic of South Africa; Amicus Curiae: Leon Bekker
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
23 February 2016
Case Number
CCT 102/15
Procedural Posture
Constitutional Appeal / Appeal From High Court; Confirmation of Constitutional Invalidity Order
Outcome
Appeal upheld; High Court order set aside and replaced with dismissal of the application.
Judges
Moseneke DCJ, Cameron J, Jafta J, Khampepe J, Madlanga J, Nkabinde J, Nugent AJ, Van der Westhuizen J, Zondo J
Legal Topics
Rationality Review, Publication of Legislation, Environmental Regulation, Ministerial Duties
Constitutional Law Environmental Law Rationality Review Publication of Legislation Environmental Regulation Ministerial Duties

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2
Sign in to unlock

Parties

Minister for Environmental Affairs

Appellant

Department of Environmental Affairs

Appellant

Aquarius Platinum (SA) (Pty) Ltd

Respondent

Minister of Water and Sanitation

Respondent

Director-General: Department of Water and Sanitation

Respondent

Minister of Mineral Resources

Respondent

President of the Republic of South Africa

Respondent

Leon Bekker

Amicus Curiae

Procedural Posture

Constitutional Appeal / Appeal From High Court; Confirmation of Constitutional Invalidity Order

Legal Issues

  1. 1 Was the President's decision to publish the National Environmental Management Laws Amendment Act in the absence of implementing regulations irrational?
  2. 2 Does section 32 of the Amendment Act, read with section 81 of the Constitution, require the President to ensure regulations are in place before publication?
  3. 3 Who bears responsibility for the regulatory vacuum following the Act's commencement?

Ratio Decidendi

The Constitutional Court held that section 32 of the National Environmental Management Laws Amendment Act prescribed that the Act would come into effect three months from the date of publication by the President. The President's role was limited to publication, which served as a reference point for commencement. There was no legal requirement for the President to ensure that regulations were in place before publication. Parliament intentionally provided a three-month period to allow the Minister to promulgate necessary regulations. The failure to have regulations in place at commencement was the responsibility of the Minister, not the President. The High Court erred in finding the...

Court Disposition

Appeal upheld; High Court order set aside and replaced with dismissal of the application.

Orders

  • The appeal is upheld.
  • The order of the High Court of South Africa, Gauteng Division, Pretoria is set aside and replaced with: 'The application is dismissed.'