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South Africa Case Law

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Administrative Law [2023] ZAGPPHC 163

Endangered Wildlife Trust v Minister of Agriculture, Land Reform and Rural Development and Others

Endangered Wildlife Trust v Minister of Agriculture, Land Reform and Rural Development and Others [2023] ZAGPPHC 163; 1138/2022 (3 March 2023)

Court
North Gauteng High Court, Pretoria
Case number
1138/2022
Judge
P A van Niekerk

The court found that the Minister's decisions to declare game species as animals for purposes of the Animal Improvement Act were administrative actions subject to review under PAJA. The Minister failed to comply with mandatory requirements of procedural fairness, consultation with affected parties, and interdepartmental cooperation as required by PAJA, NEMA, NEMBA, IRF, and the Animal Improvement Policy. The decisions ignored relevant scientific evidence and the constitutional right to environmental protection under section 24. The failure to consult and consider the impact on biodiversity re…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Procedural Fairness
  • Consultation Requirements
  • Animal Improvement Act
  • Biodiversity Conservation
  • Condonation For Late Review
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Criminal Law [2014] ZASCA 131

Lemthongthai v S (849/2013)

Lemthongthai v S (849/2013) [2014] ZASCA 131; 2015 (1) SACR 353 (SCA) (25 September 2014)

Court
Supreme Court of Appeal
Case number
849/2013
Judges
Navsa, Wallis, Swain

The Supreme Court of Appeal found that both the regional court and the high court had misdirected themselves in the grouping and calculation of sentences, resulting in a sentence that was disproportionate and induced a sense of shock. The appellant's manipulation of the permit system and fraudulent conduct warranted a custodial sentence and a substantial fine, but the sentence imposed by the high court was excessive. The court held that the killing of 26 rhinos occurred during one operation and that the rhinos were surplus bulls destined for trophy hunting, distinguishing the case from conven…

Source excerpt

  • Illegal Trade In Rhino Horn
  • Biodiversity Conservation
  • Sentencing Principles
  • National Environmental Management Biodiversity Act
  • Customs And Excise Act
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.