Minister of Environmental Affairs and Another v Arcelomittal South Africa Limited (86171/2016) [2019] ZAGPPHC 1031 (14 March 2019)

Minister of Environmental Affairs and Another v Arcelomittal South Africa Limited (86171/2016) [2019] ZAGPPHC 1031 (14 March 2019)

The court found that while the grounds of appeal advanced by the applicants did not have reasonable prospects of success, there were compelling reasons for granting leave to appeal, notably the public importance of the interpretation of the National Environmental Management: Waste Act and its regulations. The court further held that AMSA had demonstrated exceptional circumstances justifying execution of the order pending appeal, as AMSA would suffer irreparable harm through ongoing financial losses and damage to goodwill, whereas the applicants would not suffer comparable harm. The court concluded that the order of 8 June 2018 should operate and be executed pending the outcome of the...

Citation
[2019] ZAGPPHC 1031
Parties
Applicant: Minister of Environmental Affairs; Applicant: Deputy Director-General Legal Authorisations, Compliance and Enforcement; Respondent: Arcelomittal South Africa Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
14 March 2019
Case Number
86171/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Application for Execution Pending Appeal
Outcome
Leave to appeal to the Supreme Court of Appeal is granted. The order of 8 June 2018 shall operate and be executed pending the outcome of the appeal. Costs of both applications shall be costs in the appeal.
Judges
Molefe
Legal Topics
National Environmental Management Waste Act, Waste Management Licensing, Retrospective Application of Statutes, Promotion of Administrative Justice Act, Exceptional Circumstances Execution, Irreparable Harm
Environmental Law Administrative Law National Environmental Management Waste Act Waste Management Licensing Retrospective Application of Statutes Promotion of Administrative Justice Act Exceptional Circumstances Execution Irreparable Harm

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Parties

Minister of Environmental Affairs

Applicant

Deputy Director-General Legal Authorisations, Compliance and Enforcement

Applicant

Arcelomittal South Africa Limited

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Application for Execution Pending Appeal

Legal Issues

  1. 1 Whether leave to appeal against the judgment of 8 June 2018 should be granted.
  2. 2 Whether the order of 8 June 2018 should be implemented pending the outcome of the appeal.
  3. 3 Whether exceptional circumstances exist justifying execution of the order under section 18 of the Superior Courts Act.

Ratio Decidendi

The court found that while the grounds of appeal advanced by the applicants did not have reasonable prospects of success, there were compelling reasons for granting leave to appeal, notably the public importance of the interpretation of the National Environmental Management: Waste Act and its regulations. The court further held that AMSA had demonstrated exceptional circumstances justifying execution of the order pending appeal, as AMSA would suffer irreparable harm through ongoing financial losses and damage to goodwill, whereas the applicants would not suffer comparable harm. The court concluded that the order of 8 June 2018 should operate and be executed pending the outcome of the...

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted. The order of 8 June 2018 shall operate and be executed pending the outcome of the appeal. Costs of both applications shall be costs in the appeal.

Orders

  • Leave to appeal to the Supreme Court of Appeal against the whole judgment of 8 June 2018 is granted.
  • The costs of the application for leave to appeal shall be costs in the appeal.