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South Africa decisions
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Northern Cape Ranchers (CC) v Sol Plaatje Municipality and Others (118/2024) [2025] ZANCHC 25; [2025] 2 All SA 843 (NC) (24 March 2025)
The High Court dismissed contempt relief, granted a structured interdict on sewage discharge, and dismissed monetary claims arising from non-compliance.
Jacobs NO and Others v Hylton Grange (Pty) Ltd and Others (A139/2019) [2020] ZAWCHC 14; [2020] 2 All SA 89 (WCC); 2020 (4) SA 234 (WCC) (27 February 2020)
The court found that the mushroom composting activities conducted by the appellants on MD93 produced offensive odours, including ammonia and hydrogen sulphide, which regularly and unpredictably invaded neighbouring properties, making living conditions intolerable and impairing the reasonable enjoyment of those properties. The evidence established that the nuisance was ongoing and not merely isolated, and that previous remedial steps had failed to abate the problem. The court held that, in light of constitutional and statutory provisions protecting the right to an environment not harmful to he…
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National Council of the Society for Prevention of Cruelty to Animals v Minister of Environmental Affairs and Others (86515/2017) [2019] ZAGPPHC 337; 2020 (1) SA 249 (GP) (6 August 2019)
The court held that the Minister's decisions to set the annual export quotas for lion bone in 2017 and 2018 constituted administrative action under PAJA, as they were made in terms of legislation, had the capacity to affect legal rights, and had direct, external legal effect. The applicant was not excluded from the decision-making process, having participated in consultations and made submissions. However, the Minister erred in failing to consider animal welfare concerns relating to captive lions, which are relevant to the quota-setting process given the constitutional and legislative framewo…
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Limpopo Legal Solutions and Others v Vhembe District Municipality and Others (430/2016) [2016] ZALMPTHC 20 (2 June 2016)
The court found that the applicants failed to exhaust available remedies before approaching the court, as they did not report the sewerage leak to the first respondent, who was responsible for water and sanitation services. The application was premature, and the requirements for a final interdict and mandamus were not satisfied, particularly the absence of alternative remedies. The court held that the deponent's authority to oppose was not in issue, and that the applicants did not provide sufficient evidence of a statutory dereliction by the first respondent. The application was dismissed, an…
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Really Useful Investments NO 219 (Pty) Ltd v City of Cape Town and Others (8102/2014) [2015] ZAWCHC 35 (27 March 2015)
The court held that section 34 of the ECA creates a statutory compensation right not limited by liability clauses, so the exception and plea failed.
Harmony Gold Mining Company Ltd v Regional Director:Free State Department of Water Affairs and Others (971/12) [2013] ZASCA 206; [2014] 1 All SA 553 (SCA); 2014 (3) SA 149 (SCA) (4 December 2013)
The Supreme Court of Appeal held that the Minister's powers under section 19(3) of the National Water Act are not limited to the period during which the recipient is a landholder. The directive remains valid and enforceable even after the recipient ceases to own, control, occupy, or use the land. The court found no basis in the wording of section 19(3) or in the broader statutory context to support Harmony's restrictive interpretation. The directive's interim nature and reference to future agreement provided sufficient limitation, and the absence of a specific completion date did not render i…
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Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012) [2012] ZAGPPHC 273 (12 November 2012)
High Court granted an interim interdict halting implementation of the Redisa waste tyre plan pending review, finding a material version was not properly published for comment.
B P Southern Africa (Pty) Limited v MEC for Agriculture, Conservation Environment & Land Affairs (03/16337) [2004] ZAGPHC 38; [2004] 3 All SA 201 (W); 2004 (5) SA 124 (W) (1 May 2004)
The court held that the Department's mandate in considering applications for environmental authorisation is broad, encompassing not only environmental but also social and economic factors, as required by the Constitution, ECA, NEMA, and DFA. The Department was entitled to adopt and apply guidelines, including the distance stipulation, provided it did not do so rigidly or to the exclusion of other relevant considerations. The evidence showed that the Department considered multiple factors and did not apply the distance stipulation as an absolute rule. The Department's decision was reasonable,…
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BP Southern Africa (Pty) Limited v Mec for Agriculture, Conservation, Environment & Land Affair (03/16337) [2004] ZAGPHC 18 (31 March 2004)
The court held that the Department's mandate, as derived from the Constitution, ECA, NEMA, and DFA, requires consideration of environmental, social, and economic factors in authorising activities that may impact the environment. The Department was entitled to adopt and apply guidelines, including the distance stipulation, provided it did not fetter its discretion. The evidence showed the Department considered a range of factors and did not apply the distance rule rigidly. The Department's refusal was based on environmental concerns, including cumulative impacts, sustainability, and potential…
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