SA Shore Angling Association v Minister of Environmental Affairs and Tourism (63/02) [2002] ZAECHC 12; 2002 (5) SA 511 (SE) (25 April 2002)

SA Shore Angling Association v Minister of Environmental Affairs and Tourism (63/02) [2002] ZAECHC 12; 2002 (5) SA 511 (SE) (25 April 2002)

The court held that the Regulations promulgated under NEMA are not rendered invalid by the Sea-shore Act, as Parliament may confer overlapping powers on different Ministers unless expressly excluded. The Regulations are not unconstitutional or unreasonable, as they provide for exemptions, permits, and are consistent with the objectives of environmental protection mandated by the Constitution and NEMA. The applicants failed to demonstrate that the Regulations operate so unreasonably that no reasonable person could have exercised the power in such a manner. The court found that the applicants did not establish locus standi to represent the interests of the elderly and disabled generally,...

Citation
[2002] ZAECHC 12
Parties
Applicant: South African Shore Angling Association; Applicant: Die Oesterbaai Se Belastingbetalersvereniging; Respondent: Minister of Environmental Affairs and Tourism
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
25 April 2002
Case Number
63/02
Procedural Posture
Urgent Application / Judgment on Prayer 2 (declaration of Regulations as Null and Void)
Outcome
Application dismissed with costs.
Judges
A.R. Erasmus
Legal Topics
National Environmental Management Act, Promotion of Administrative Justice Act, Ultra Vires, Reasonableness of Regulations, Public Trust Doctrine, Constitutional Review
Environmental Law Administrative Law National Environmental Management Act Promotion of Administrative Justice Act Ultra Vires Reasonableness of Regulations Public Trust Doctrine Constitutional Review

Case Brief

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Parties

South African Shore Angling Association

Applicant

Die Oesterbaai Se Belastingbetalersvereniging

Applicant

Minister of Environmental Affairs and Tourism

Respondent

Procedural Posture

Urgent Application / Judgment on Prayer 2 (declaration of Regulations as Null and Void)

Legal Issues

  1. 1 Are the Regulations promulgated under NEMA ultra vires the powers of the Minister of Environmental Affairs and Tourism?
  2. 2 Are the Regulations unconstitutional or unreasonable in their effect on public rights and interests?
  3. 3 Do the Regulations unlawfully discriminate against the elderly and disabled persons in access to the coastal zone?

Ratio Decidendi

The court held that the Regulations promulgated under NEMA are not rendered invalid by the Sea-shore Act, as Parliament may confer overlapping powers on different Ministers unless expressly excluded. The Regulations are not unconstitutional or unreasonable, as they provide for exemptions, permits, and are consistent with the objectives of environmental protection mandated by the Constitution and NEMA. The applicants failed to demonstrate that the Regulations operate so unreasonably that no reasonable person could have exercised the power in such a manner. The court found that the applicants did not establish locus standi to represent the interests of the elderly and disabled generally,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.