Vermaak and Others v Minister of Water and Environmental Affairs and Others (224/2013) [2013] ZAECPEHC 16 (19 March 2013)

Vermaak and Others v Minister of Water and Environmental Affairs and Others (224/2013) [2013] ZAECPEHC 16 (19 March 2013)

The court held that the MEC for Local Government and Traditional Affairs, Eastern Cape, is a necessary party to the proceedings because the applicants' entitlement to interim relief depends on the existence of a right of appeal under section 44 of LUPO, which is disputed. The MEC, as the appeal authority, has a direct and substantial interest in the determination of whether such appeals are pending and whether the applicants have a right to appeal. The failure to join the MEC is material and fatal to the application in its current form. The court found that the application should be postponed to allow the applicants to join the MEC, and that the applicants should bear the wasted costs...

Citation
[2013] ZAECPEHC 16
Parties
Applicant: Petrus Johannes Vermaak; Applicant: Robert C.A. Bell; Applicant: Jennifer Bell; Applicant: George Chamberlain; Applicant: Gerhard Saayman; Applicant: Carel Scheepers; Applicant: Lerischia Scheepers; Applicant: Shirley Wagner-Welsh; Applicant: Johan C Wagner; Applicant: Deon P Gouws; Applicant: Deal Making Investments (Pty) Ltd; Applicant: Jan Burger Pienaar; Applicant: David Lister; Applicant: Virginia Lister; Respondent: Minister of Water and Environmental Affairs of the Republic of South Africa; Respondent: Nelson Mandela Bay Municipality; Respondent: Metrowind (Pty) Ltd; Respondent: Rubicept (Pty) Ltd; Respondent: Jacobus Olivier N.O.; Respondent: Deon Olivier N.O.
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
19 March 2013
Case Number
224/2013
Procedural Posture
Urgent Application / Interlocutory Application for Interim Interdict; in Limine Objection on Non Joinder
Outcome
Application postponed sine die to enable joinder of the MEC; applicants ordered to pay wasted costs of postponement.
Judges
Goosen
Legal Topics
Joinder of Parties, Interim Interdict, Environmental Authorisation, Land Use Consent, Appeal Rights Under Lupo
Civil Procedure Environmental Law Land and Property Joinder of Parties Interim Interdict Environmental Authorisation Land Use Consent Appeal Rights Under Lupo

Case Brief

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Parties

Petrus Johannes Vermaak

Applicant

Robert C.A. Bell

Applicant

Jennifer Bell

Applicant

George Chamberlain

Applicant

Gerhard Saayman

Applicant

Carel Scheepers

Applicant

Lerischia Scheepers

Applicant

Shirley Wagner-Welsh

Applicant

Johan C Wagner

Applicant

Deon P Gouws

Applicant

Deal Making Investments (Pty) Ltd

Applicant

Jan Burger Pienaar

Applicant

David Lister

Applicant

Virginia Lister

Applicant

Minister of Water and Environmental Affairs of the Republic of South Africa

Respondent

Nelson Mandela Bay Municipality

Respondent

Metrowind (Pty) Ltd

Respondent

Rubicept (Pty) Ltd

Respondent

Jacobus Olivier N.O.

Respondent

Deon Olivier N.O.

Respondent

Procedural Posture

Urgent Application / Interlocutory Application for Interim Interdict; in Limine Objection on Non Joinder

Legal Issues

  1. 1 Whether the failure to join the MEC for Local Government and Traditional Affairs, Eastern Cape, is fatal to the application for an interim interdict.
  2. 2 Whether the applicants have a right of appeal under section 44 of LUPO sufficient to justify interim relief.
  3. 3 Whether the application should be postponed to allow for joinder of the MEC.

Ratio Decidendi

The court held that the MEC for Local Government and Traditional Affairs, Eastern Cape, is a necessary party to the proceedings because the applicants' entitlement to interim relief depends on the existence of a right of appeal under section 44 of LUPO, which is disputed. The MEC, as the appeal authority, has a direct and substantial interest in the determination of whether such appeals are pending and whether the applicants have a right to appeal. The failure to join the MEC is material and fatal to the application in its current form. The court found that the application should be postponed to allow the applicants to join the MEC, and that the applicants should bear the wasted costs...

Court Disposition

Application postponed sine die to enable joinder of the MEC; applicants ordered to pay wasted costs of postponement.

Orders

  • The in limine objection of the Second, Third and Fourth Respondents regarding non-joinder of the MEC is upheld.
  • The application is postponed sine die to enable the Applicants to join the MEC for Local Government and Traditional Affairs, Eastern Cape.