South Africa Case Law

Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022)

Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022) [2024] ZAGPPHC 561 (19 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

013715/2022

Judge

ML Twala

The court found that while the applicant established a clear right to an unpolluted environment and demonstrated ongoing pollution and degradation of downstream water resources by Eskom, it failed to satisfy the requirement of absence of alternative remedy. Section 28(12) of NEMA provides a statutory mechanism for compelling the Director-General to take remedial action against polluters, which the applicant did not invoke. The court held that the principle of subsidiarity precludes direct constitutional relief where legislation exists to give effect to the right, and the applicant should have…

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• Water Use Licence Compliance
• Structural Interdict
• Subsidiarity Principle
• Duty Of Care
• Constitutional Environmental Rights
• Enforcement Of Environmental Laws

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019) [2021] ZAGPJHC 55 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The High Court held that Erf 56 was zoned as public open space and could not lawfully be used for parking, storage or retail activity. It granted interdicts and nuisance relief.

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Powers And Duties
• Actionable Nuisance
• Statutory Interdict
• Constitutional Environmental Rights

Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others (50779/2017)

Mining and Environmental Justice Community Network of South Africa and Others v Minister of Environmental Affairs and Others (50779/2017) [2018] ZAGPPHC 807; [2019] 1 All SA 491 (GP) (8 November 2018)

Court

North Gauteng High Court, Pretoria

Case number

50779/2017

Judge

N Davis

The court found that the Ministers' decisions to permit mining in the Mabola Protected Environment were procedurally unfair and unlawful. The Ministers failed to comply with the mandatory requirements of sections 3 and 4 of PAJA, did not provide transparency or public participation, and did not properly consider all relevant information, including the interests of local communities, the final management plan, and pending statutory appeals. The Ministers' approach amounted to an impermissible reliance on other authorisations without independent scrutiny, contrary to their distinctive duties un…

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• Protected Areas Management
• Ministerial Discretion
• Promotion Of Administrative Justice Act
• Public Participation
• Mining Authorisation
• Constitutional Environmental Rights

Kloof Conservancy v Government of the Republic of South Africa and Others (12667/2012)

Kloof Conservancy v Government of the Republic of South Africa and Others (12667/2012) [2014] ZAKZDHC 60 (22 October 2014)

Court

Kwazulu-Natal High Court, Durban

Case number

12667/2012

Judge

Vahed

The court declared unlawful the long failure to publish invasive species lists and regulations under NEMBA, and made further compliance and costs orders.

• National Environmental Management Biodiversity Act
• Failure To Publish Regulations
• Mandamus
• Constitutional Environmental Rights
• Administrative Delay
• Costs Orders

Van Wyk v Umsombovu Municipality (1633/2007)

Van Wyk v Umsombovu Municipality (1633/2007) [2011] ZANCHC 38 (19 December 2011)

Court

Northern Cape High Court, Kimberley

Case number

1633/2007

Judge

MV Phatshoane

The court dismissed a farmer’s delict claim against Umsombomvu Municipality, finding no proven causal link between municipal effluent and the death of his lucerne crop.

• Municipal Liability
• Pollution
• Causation
• Soil Compaction
• Constitutional Environmental Rights
• Expert Evidence

Noordhoek Environmental Action Group v Wiley and Others (2843/2007)

Noordhoek Environmental Action Group v Wiley and Others (2843/2007) [2008] ZAWCHC 102 (19 February 2008)

Court

Western Cape High Court, Cape Town

Case number

2843/2007

Judge

Davis

The court granted a final interdict against permanent parking and structures on erf 453, holding the land had to remain open space for public use.

• Zoning Scheme Regulations
• Restrictive Title Conditions
• Final Interdict
• Open Space Definition
• Removal Of Restrictions Act
• Constitutional Environmental Rights