Vorster and Another v Department Economical Development, Environment and Tourism Limpopo Provincial Government and Others (38733/05 , 38733/05) [2006] ZAGPHC 44; 2006 (5) SA 291 (T) (5 May 2006)

Vorster and Another v Department Economical Development, Environment and Tourism Limpopo Provincial Government and Others (38733/05 , 38733/05) [2006] ZAGPHC 44; 2006 (5) SA 291 (T) (5 May 2006)

The court held that the condition imposed by the third respondent, requiring that only a local hunter may hunt damage causing elephants, was not authorised by the Limpopo Environmental Management Act or the CITES Convention. The Act and Convention only require a permit for hunting and for export, but do not restrict the residency of the hunter unless export is intended. The court found that the respondents misconceived their powers and imposed a condition that was ultra vires and irrational, as the identity of the hunter is irrelevant to the objectives of environmental management and the Convention. The administrative action was therefore unlawful and invalid under the Promotion of...

Citation
[2006] ZAGPHC 44
Parties
Applicant: Marthinus Christoffel Vorster; Applicant: Catharina Maria Vorster; Respondent: Department Economical Development, Environment and Tourism: Limpopo Provincial Government; Respondent: MEC for Environmental Affairs: Limpopo Province; Respondent: Margaret Nemuthamrule N.O.
Court
High Courts - Gauteng
Jurisdiction
South Africa
Judgment Date
5 May 2006
Case Number
38733/05
Procedural Posture
Review Application / Judgment
Outcome
Application granted. The condition requiring a local hunter is declared ultra vires and of no force and effect. Costs awarded to applicant.
Judges
Fabricius
Legal Topics
Promotion of Administrative Justice Act, Ultra Vires, Environmental Permit Conditions, Cites Convention, Damage Causing Animals
Administrative Law Environmental Law Promotion of Administrative Justice Act Ultra Vires Environmental Permit Conditions Cites Convention Damage Causing Animals

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Parties

Marthinus Christoffel Vorster

Applicant

Catharina Maria Vorster

Applicant

Department Economical Development, Environment and Tourism: Limpopo Provincial Government

Respondent

MEC for Environmental Affairs: Limpopo Province

Respondent

Margaret Nemuthamrule N.O.

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the condition imposed by the third respondent requiring that only a local hunter may hunt damage causing elephants is lawful under the Limpopo Environmental Management Act.
  2. 2 Whether the requirement for a local hunter is rationally connected to the objectives of environmental management and the CITES Convention.
  3. 3 Whether the administrative action taken by the respondents was ultra vires and unreasonable under the Promotion of Administrative Justice Act.

Ratio Decidendi

The court held that the condition imposed by the third respondent, requiring that only a local hunter may hunt damage causing elephants, was not authorised by the Limpopo Environmental Management Act or the CITES Convention. The Act and Convention only require a permit for hunting and for export, but do not restrict the residency of the hunter unless export is intended. The court found that the respondents misconceived their powers and imposed a condition that was ultra vires and irrational, as the identity of the hunter is irrelevant to the objectives of environmental management and the Convention. The administrative action was therefore unlawful and invalid under the Promotion of...

Court Disposition

Application granted. The condition requiring a local hunter is declared ultra vires and of no force and effect. Costs awarded to applicant.

Orders

  • The third respondent's decision to add the condition to the permit that the hunter should be a local hunter is declared ultra vires and of no force and effect.
  • Respondents are ordered to pay the costs of the application.